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THE 



CONQUEST OF KANSAS, 



BY 



MISSOURI AND HER ALLIES. 



A HISTORY OP THE TROUBLES IN KANSAS, FROM THE PASSAGE 
OE THE ORGANIC ACT UNTIL THE CLOSE OF JULY, 1856. 



BY WILLIAM PHILLIPS, 

•» 

SPECIAL CORRESPONDENT OF THE NEW YORK TRIBUNE, FOR KANSAS. 



" Come on, then, gentlemen of the slave States ; since there is no escaping your challenge, 
I accept it in behalf of Freedom. "VVe will engage in competition for the virgin soil of 
Kansas, and God give the victory to the side that is stronger in numbers as it is in right ! " 
— Speech of Wm. H. Seward, in the U. S. Senate, 1854. 




BOSTON. 

PHILLIPS, SAMPSON AND COMPANY, 

1856. 



Entered according to Act of Congress, in the year 1856, by 

PHILLIPS, SAMPSON & CO., 

la the Clerk's Office of the District Court of the District of Massachusetts. 






stereotyped by 

nOBART 4 R0BBIN8, 

Kew EDgUnd Type and Stereotype Poundcry, 



PREFACE. 



The writer deems no apology necessary in submitting 
the early and unhappy history of Kansas to the public. A 
conviction of its importance impelled him to the task, and 
he assumed the duty of historian under the belief that his 
opportunities for observation, and participation in much of 
what has occurred, gave him advantages over other writers 
less conversant with the subject. 

It is not the intention of this preface to make an elabo- 
rate assertion of impartiality. What is written is offered 
to the public as the simple truth, and a fair record of the 
events it chronicles. The writer does not claim to be impar- 
tial on the cause of quarrel, nor would he regard such a 
profession as very creditable in any other person ; yet he 
believes that his convictions could neither induce him to 
wrong an enemy, nor do a friend more than justice. The 
future will fully vindicate the truth of all that is written ; 
and, if there is one generous mind which, with the lights 
now before it, would incline to charge the author with i3er- 
version, let such a doubter know that the author, while he 
values the good opinion of all good men, would rather thus 
be suspected, than purchase a doubtful reputation for impar- 
tiality at the sacrifice of a truthful record. The common 



IV PEEFACE. 

trick of authors who lack independence, is, to compound 
between '' God and mammon,'' and, in steering exactly be- 
tween two opinions, to claim all the virtues, and exemption 
from all the vices, of both. Such a course the author does 
not desire to imitate. 

In this narrative there is a faithful record of all the im- 
portant documents, and the opinions of both sides have 
been given on many important points, although the design 
was to have a connected narrative, rather than a collection 
of statements. In the biographical sketches contained 
in the work the writer has treated the leaders on both 
sides with that close scrutiny which is the public right as 
regards public men. A perusal will probably exonerate 
from the charge of " puflSng ; '' and if some friends regard 
their handling as rather "candid,'' let them know that it 
was, at least, without malice. 

In descriptions of the battles, skirmishes, and other strik- 
ing incidents, great pains has been taken to have the out- 
lines and the facts correct, and to make the picture as 
true to nature as possible. As it was the design to give 
a history of the struggle, rather than a condensation or 
collection of outrages, very many important and outrageous 
occurrences have been necessarily omitted. 

Finally, reader, after having perused it, criticize, and 
censure it as much as you think you conscientiously can. 
In the history thus submitted, the privilege of judging men 
and things has been too freely exercised to be grudged 
to any careful reader by 

The Author. 



CONTENTS. 



CHAPTER I. 

INTRODUCTORY CHAPTER. 

Kansas before the Passage of the Organic Act — Indians and Indian Reserves 

— Santa Fe and California Roads — Religious Missions — Slavery Intro- 
duced — Kansas Nebraska Bill — Emigration — Federal Appointments — 
Indian Treaties — Rival Interests, 11 

CHAPTER II. 

THE FIRST INVASION. 

Eastern Emigration — Threatened Attack — Border Ruffians — A Warning 

— Another — Prudent Valor — A Retreat — A Sharp Joke — Bogus "Nig- 
ger Hunter " — " Right on the Records," 27 

CHAPTER III. 

GOV. REEDER FIRST ELECTION BLUE LODGE. 

Federal Appointees — A Missouri View of Reeder — Flenniken — Whitfield 

— Wakefield — Fall Election — Blue Lodge operates in Missouri as well 
as Kansas — Mr. Prince — Having Friends in Missouri — A Cross Exam- 
ination, 37 

CHAPTER IV. 

SMART ELECTIONEERING TRICK. 

A Resolve — Abstract Democracy — Simon Pure Know-Nothing — Another 

— How Electioneering with Indians goes — Slavery Established by Missouri 
and Territorial Judges — Slavery Vindicated, 53 

CHAPTER V. 

THE MARCH ELECTION. 

Kind of Population — Old-fashioned Pioneers — Modern Pioneers — Squatter 
Sovereignty — The Census — The Election — The Men Elected — The Fraud 

as certified to, 63 

1# 



VI CONTENTS. 

CHAPTER VI. 

WHAT KANSAS AND MISSOURI THOUGHT OF IT PROTEST MAY 

ELECTION. 

Kansas to be "kept Conquered" — Lynching of Phillips — Death of Clark — 
Proceedings in Missouri — Free Press and Speech Tabooed — The Pulpit 
under Censorship — An Original Specimen on the Stand — Parkville Press 
thrown into the Missouri, 83 

CHAPTER VII. « 

THE BOGUS LEGISLATURE. 

Missouri Wars on Reeder — Legislature Meets — Legal Members Ejected, 
July 4th — Legislation — Laws relative to Slave Property — Election of 
Local Officers — Bogus Legislature help Themselves — Federal Courts pro- 
nounce in Pavor of Bogus Laws in Advance — A Memorial — An Office-seeker 
on the Stool of Repentance, 98 

CHAPTER VIII. 

REEDER DISMISSED SHANNON APPOINTED BIG SPRINGS CONVEN- 
TION. 

The Excuse — Shannon — His Reception and Speech — The People Murmur — 
The State Movement — Reeder nominated for Delegate — His Acceptance 
and Speech — Resolutions — The Platform, 114 

CHAPTER IX. 

THE TOPEKA CONSTITUTION. 

The First Topeka Convention — A County Seat Election — October Election — 
The Constitutional Convention — The Constitution — Sketches of the Topeka 
Delegates, 125 

CHAPTER X. 

PAT LAUGHLIN PARDEE THE MARTYR LAW AND ORDER CON- 
VENTION. 

Pat's Conversion — His Zeal — His Repentance — Death of Collins — Atchison 
— Border Ruffian Story — Law and Order in Leavenworth — The Governor 
as a Popular Delegate — Law and Order Speeches — Bogus Laws to be 
Enforced, 141 

CHAPTER XI. 

RESCUE OF BRANSON. 

Origin of the Difficulty — Murder of Dow — Flight of the Murderer — Meeting 
at Hickory Point — A Plot — Jones enters the Territory with Coleman — A 



CONTENTS. VII 

Justice Manufactured — Branson Arrested — Big Threats — The Rescue 

Impending War, 151 

CHAPTER XII. 

WAKARUSA WAR PREPARATIONS. 

Jones Fulminates — The Governor Assists — Military Orders — Proclamation 

— Secret Orders — Col. Boone's Despatches — Missouri in the Field, . . 162 

CHAPTER XIII. 

WAKARUSA WAR INCIDENTS OF THE SIEGE. 

The First Impulse — A more Prudent Position — Organized Defence — An 
Alarm — An Expedition — The Invaders — Queries about "Sharpe's" Rifles 

— The Fillibuster Flag — An EfiFort to prevent the '< Effusion of Blood" — 
The Demand for Arms, 174 

CHAPTER XIV. 

ADVENTURES WITH THE BORDER RUFFIAN CHIEFS. 

Expedition — A Free and Easy Guard — A RuflBan Chief — Careful Guard and 
a Capture — Wakarusa Camp again — A Vermonter — A Journey — Another 
Arrest — An Odd-Fellow — Gen. Pomeroy — The Return — How we swam 
the River, 187 

CHAPTER XV. 

WAKARUSA WAR DEATH OF BARBER. 

Preparations for Defence — A Patrol Incident — A Spy— Indians offer their 
Services — The Brass Howitzer — The Ladies of Lawrence — Jones as a 
Scribe — A Threatening Letter — The Murder of Barber, 203 

CHAPTER XVI. 

THE " PEACE-MAKERS." 

The Deputation — Shannon comes up — In Trouble — A Cautious Colonel — 
The Governor and his Friends — The Ghost of Banquo — Negotiations — 
Speeches — The Treaty — What they treated about — " Militia " Disbanded 

— A Row — A Storm — Breaking up of the Invading Camp — The Governor 
<< when you know him," 216 

CHAPTER XVII. 

MOBBING THE BALLOT-BOXES. 

Prisoners of War — Fruits of the War — The Peace Banquet — Volunteers 
Disbanded — Vote on the State Constitution — "Emigration" on the 
"Squatter Sovereignty" Plan — Two Heroes — An Attack — Successful — 
Further Threats — "Militia" Disbanded — Law and Order Speeches — Fears 
for a Night Attack, 229 



VIII CONTENTS. 

CHAPTER XVIII. 

SKIRMISH AT EASTON. 

Election Forbidden in Leavenworth — Held at Easton — Voters Molested and 
Polls Threatened — An Attack — A Rescue — A Fight — Taken Prisoner — 
Death of Capt. Brown — Nominating Convention Election, 240 

CHAPTER XIX. 

STATE LEGISLATURE DRAGOONS SHERIFF JONES SHOT. 

Treason — President's Poclamation — Response to it — Assemblage of the Leg- 
islature — Governor's Speech — Committee of Congress — Attempted Arrests 
— Dragoons under Orders of Jones — Military Correspondence — Arrests — 
The " Assassin " — " Passin' Resolutions " — A Trick Suspected — Missouri 
Indignant — Outrages not mentioned by Authority — The War Begun, . 248 

CHAPTER XX. 

MARSHAL DONALDSON DECLARES WAR. 

Missouri receives Allies — A Couple of Deputies — A Marshal — A Federal 
Court in Kansas — An Indictment against Mortar, Iron, and Paper — At- 
tempt to arrest Reeder — Gov. Robinson starts for the East — His Capture 

— Reeder's Flight — Committee leave Lawrence — Proclamation — Protests 

— Proposals for Defence Overruled — A New Committee of Safety — A 
Threatening Letter — Adventures of Free-State Men — Further Correspond- 
ence — Arms Taken — Murder of Jones — Death of Stewart, .... 264 

CHAPTER XXI. 

SACKING OF LAWRENCE. 

The Advanced Guard — Arrests — Reinforcements — Another Appeal — A 
Demand — A Surrender — Law and Order Speeches — The Allied Army enter 
Lawrence — Printing Offices Destroyed — Hotel Bombarded and Burned — 
Wholesale Plunder — Pro-slavery Version, 289 

CHAPTER XXII. 

GUERILLA WAR — THE DRAGOONS LAW AND ORDER IN LEAVEN- 
WORTH. 

Atchison passes through Lawrence — The Box Hoax — Pro-slavery Testimony 

— Guerilla War — "Burning" of Bernhardt — The Governor Victimized — 
Dragoons called out — Potawattomio AflFairs — A Notice — Law and Order 
Arrests, 310 

CHAPTER XXIII. 

CAPT. WALKER THE GOVERNOR ON SHARPE'S RIFLES. 

Price on a Free-State Man's Head — The Alarm — The Muster — The Attack 



CONTENTS. IX 

— The Repulse — A Peace-Maker — The "Right of Search" — A "Law and 
Order" Governor — A Brave Little Girl — The Gallant Dragoons get in Trou- 
ble by Mistake — Another Alarm — A Capture — Prisoners Liberated, . 320 

CHAPTER XXIV. 

BATTLE OF BLACK JACK. 

Capt. Pate's Expedition — Houses Burned and Prisoners Taken — Alliance be- 
tween the RufEans and Dragoons — Brutal Treatment of the Prisoners — 
Palmyra Plundered — A Preacher Outraged — Prisoners — Attack on Prairie 
City — Religion and War — A Boy Hero — The Reconnoitre — The Battle 

— The Surrender, 331 

CHAPTER XXV. 

BATTLE OF FRANKLIN. 

State Prisoners — Franklin a Military Point — The Plan, or the "Want of One — 
The Attack — Major Redpath — The "Music of the Spheres" — Evacuation 
of the Guard House — The Wakarusa Boys — The Retreat — Lawless Arrests 

— Indictments, 343 

CHAPTER XXVI. 

NIMROD WHITFIELD DEATH OF CANTRAL CAMPAIGNING IN THE 

WAR OF FREEDOM. 

A New Proclamation — The Troops after Capt. Brown — Whitfield's Invasion 

— The Fx-ee-State Forces — The Young Guerillas — The March on Hickory 
Point — The Troops enter Brown's Camp — Pate and his Fellow-prisoners 
Released — The Border Rufiians Dispersed "upon their honor" — Cantral 
taken Prisoner — Reconnoitring — A Capture — The Dragoons — The To- 
peka Boys at Willow Springs -r- Death of Cantral, 356 

CHAPTER XXVII. 

SACKING OF OSAWATTOMIE. 

An Appeal — A Visit to the Dragoons — What the Dragoons Did — Attack on 
Osawattomie — A Masterly Retreat — " Holding Out " against the Abolition- 
ists, 370 

CHAPTER XXVIII. 

A CHAPTER OF OUTRAGES. 

The Governor gets Alarmed — A Warning — Law and Order Operations on the 
Indians — A Letter of Invitation — Mr. Bailey's Statement — C. H. Barlow's 
Statement — Mr. Baldwin's Statement — A Fearful Letter — Missouri River 
Piracy, 377 



X CONTENTS. 

CHAPTER XXIX. 

DISPERSION OF THE LEGISLATURE. 

Preparations for the Fourth — Fecleral Troops supersede the Euffians — A 
Proclamation — Legislature Convenes — Military Correspondence — A Reso- 
lution — A String of Proclamations — Troops enter Topeka — Both Branches 
of the Legislature Dispersed — Troops Retire, 392 

CHAPTER XXX. 

CLOSING CHAPTER ON THE STATE OF CONQUERED KANSAS. 



THE CONaUEST OF KANSAS. 



INTRODUCTORY CHAPTER. 

Little more than two years ago Kansas was closed to emigra- 
tion. The remnants of numerous and powerful tribes were 
scattered over the eastern portion of the territory, on reserves 
given to them by government. These reserves embraced a con- 
siderable portion of the country adjacent to the Missouri river, 
and one hundred and fifty miles west of it. This is the richest 
and most available portion of the territory. Besides bordering 
on the Missouri, it includes the Kaw and its numerous tributaries ; 
tha head waters of the Osage and Arkansas rivers, and the many 
rivulets and streams which flow into them. It is prairie country, 
the timber being chiefly confined to the banks of the creeks and 
rivers. These are so abundant, that, in the portion to which I 
allude, the prairies are rarely more than four or five miles across. 
The soil is rich and deep ; a black loam, for two or three feet, on 
a porous clay subsoil. The prairies, are all rolling, and in some 
spots even hilly. The soil rests on a limestone basis. A coarse, 
gray, carboniferous limestone rock constitutes the upper strata. 
This dips out on the face and crests of the hills and prairie knolls, 
and the broken and detached fragments of rock mark them with 
a rocky belt at certain elevations. Beneath this limestone lies a 
blue sandstone, compact, even, and easily worked ; beneath that, a 
finer quality of limestone. The western and southern parts of the 
country I am describing rest on beds of the yellow and red 
sandstone. On many of the rivers and small creeks coal has 
already been found ; from the indications, it is probably abundant 
throughout the territory. The soil is loose and deep, and emi- 



12 THE CONQUEST OF KANSAS. 

nently calculated to sustain cro^.s in dry weather. The climate 
resembles that of Southern Illinois and Indiana, only it is much 
more salubrious and dry. The breeze blows fresh from the moun- 
tains, meetiog no obstructions on the plains. There is always a 
breeze, often high winds. 

When the traveller is ascending the Missouri river, as he ap- 
proaches the mouth of the Kaw, he is travelling west ; at that 
point he first sees Kansas soil. The Kaw or Kansas river flows 
from the west. From its mouth the Missouri river takes a bend, 
and runs nearly due north for a considerable distance. From the 
mouth of the Kaw river, on the right bank, the boundary line 
between Kansas and Missouri runs directly south. The Kaw river 
thus runs diagonally through the eastern part of the territory. 
Immediately at the point of confluence between the Kaw and 
Missouri lies the Wyandot reserve. It is small, extending six 
miles from the mouth. It is densely timbered. The tribe is not 
numerous, but they are comparatively civilized. They have mostly 
good farms and good houses for the West. They are wealthy, 
many of them having intermarried with the whites. 

Immediately above the Wyandot begins the Delaware reserva- 
tion. The Wyandot was a purchase from the Delaware. The 
Delaware reserve is a large tract of country, chiefly prairie, but 
well timbered. It borders the Kaw on the north side, and runs 
up for forty miles. Ten miles wide of the northern part has • been 
ceded, and will be sold to the highest bidder, under treaty. This 
is now covered with the settlements and claims of white men. 
Towns and future cities have been located upon it. The Delawares 
have been a powerful tribe, and several thousands of them are 
still on the reserve. They cultivate but little land. A few good 
farms are scattered along the military road, and a few patches and 
small farms may be seen elsewhere; but they are indolent, semi- 
barbarous, and depend chiefly on their annuities. They are un- 
willing to sell the remainder of their land. I do not think they 
can successfully mix with the whites. Their reserve is one of the 
most beautiful tracts of prairie and woodland, and lies in position 
to give it eminent commercial value. Immediately above the 
Delaware reserve is a strip of land belonging to the Kaw half- 



INTRODUCTORY CHAPTER. 13 

breeds. Above that, and on both sides of the Kaw, lies the Potawat- 
tomie reserve. It is a large, square tract, consisting of* the finest 
land and timber, and the greater part of it lies, to all intents and 
purposes, a wilderness. A wilderness I fear it will remain, if the 
blossoms and fruit of civilization are to spring from the efforts of 
these Indians. Thej are like the Delawares, only " much more so." 
The Delawares are better familiarized with the whites, and possess 
in more eminent degree the marks of whiskey civilization. The 
Potawattomies, Kaws, Sacs, and Foxes, and several other lesser 
tribes, are of the Indians, Indianish. They are only one remove 
from the tomahawk and wigwam, and, take it all in all, I do not 
know if that remove is for the better. 

The Kickapoo reserve lies between the Kaw and the Missouri. 
It is a tract of some ten by twenty miles. It touches the head- 
waters of the Grasshopper and the Stranger Creek. This is a 
fine prairie country, resembling in all essential points the Dela- 
ware reserve. The Kickapoos, unlike the " Rangers " of the same 
name, are comparatively civilized ; but it is Indian civilization at 
best. Further north, and close to the Nebraska line, which is the 
base line of the surveys, there are a few small tribes scattered on 
petty reserves, some of them on the Missouri river, and some back 
of it. 

To the south of the Kaw, and stretching upwards of thirty 
miles to the west from the Missouri frontier, lies the Shawnee re- 
serve. The reserve borders the Kaw from a point near its mouth, 
and stretches far enough to the southward to be nearly square. 
This reserve consists mostly of high-rolling prairies. The timber 
is not so plentiful here as on some other parts, but those most 
familiar with it think there is enough; Limestone rocks on the 
prairie hills are very plenty, although confined, as in all such cases, 
to narrow strips and belts. These rocky belts are more common 
and striking on the prairie hills along the valley of the Kaw 
than in other parts of the territory. The Shawnee reserve is' 
very fine land. I do not consider it the finest in the territory ; 
but its contiguity to the richest and most thickly-settled part of 
Missouri gives it a value. The Shawnees are semi-civilized, and 
are, I think, more industrious than the majority of the Indians. 
2 



14 THE CONQUEST OF KANSAS. 

Many of them are farmers, and, in their houses, property, and 
management, resemble the poorer class of settlers in the West. 
They are half-educated, half-evangelized, half-laborize^?, half-whis- 
keyfied, half- white man, and half-Indian. As no white man has 
been allowed to settle on these reserved lands, there are, of course, 
no legal preemptions upon them ; yet they have all been staked 
off. Scarcely a merchant or storekeeper's clerk — in fact, scarce- 
ly any one about Westport and Independence — but has a "claim 
staked out" thereabouts. These claims rest on a bowie-knife-and- 
revolver basis, and may prove good if the Indian and land agents 
are sufficiently rascally, and those who may incline to be contest- 
ants are sufficiently timid. These clainls have mostly been taken 
during the various warlike and election raids on the free-state 
settlers ; for the Shawnee reserve lies out from Westport, and is 
between the Missouri frontier and the New England settlements in 
the valley of the Kaw. 

There is a great road, leading out from Independence and West- 
port into the territory, which has hitherto been an important thor- 
oughfare. After it has entered the territory for a few miles it 
forks. One fork, bending up through the territory to the south- 
west, is the Santa Fe trail ; the other, after crossing the Shaw- 
nee reserve, runs up between the Kaw and Wakarusa, cross- 
ing the former below Fort Riley, and leading out towards Fort 
Laramie. It is the California road. On the first of these roads 
the commerce with New Mexico has passed. Along the other, for 
years back, there has been a stream of human life pouring out 
from the States, carrying with it the elements for a new empire on 
the Pacific. Besides these roads, there are other two main roads or 
trails starting from Leavenworth, which, in business, are super- 
seding the others ; one a California road from Leavenworth to 
Laramie, the other by Fort Riley to Santa Fe. The travellers 
from every portion of the United States, who have passed over 
these roads for the last few years, have noted Eastern Kansas. 
As they crossed its streams, and looked down from the high prai- 
rie knolls upon the scene of fertility and beauty, marked the 
feathery outlines of timber which fringe the numerous streams, 
and observed the deep black prairie loam, not flat, but beautifully 



INTRODUCTORY CHAPTER. 15 

picturesque and rolling, they saw, in these indications of natural 
wealth and beauty, the seat of a future empire, a glorious state, 
lying at the feet of a Western comriterce, long neglected, but great 
in the future. As they passed on through these rich valleys, and 
finally struck the coarse sandy soil, covered by a sparse buflPalo- 
grass, they halted, ere they entered the regions of plain and bar- 
renness, to fix on their memories a more definite picture to carry 
with them, and make this a future El Dorado to their wandering 
thoughts and wandering footsteps, which, in all their weary pere- 
grinations, are never fated to press a rival of this " Italy of Amer- 
ica and garden-spot of the world." 

Many of these California emigrants are now in Kansas. 
Amongst others. Dr. Charles Robinson, while on his overland route 
some years ago, left the train, while the oxen and mules were pick- 
ing their supper from the slopes that fall towards the Wakarusa, 
and took a stroll to look at the country, so new and full of in- 
terest. Amidst the tall prairie-grass, he traversed Mt. Oread. 
He stood on the spot where his house subsequently stood, and 
where its ashes now mark the footsteps of border ruffians, and 
looked down on the beautiful prairie knoll close to the river, sloping 
so gently in all directions. Before him was the site of the future 
Lawrence, then a beautiful wild, the tall trees on the left bank 
of the river throwing their dark shadows in the winding Kaw, 
which here murmured over a petty rapid. 

Before the California emigration this territory was regarded as 
an Indian wild — a trackless and worthless waste. The frontier of 
Missouri was considered the outpost of civilization, and all beyond 
set down as a region of inhospitable barrenness, where the 
remnants of the once powerful Indian tribes could be gathered, 
and where they could be left until whiskey civilization, or the 
inexorable hand of fate, should efi"ect their annihilation. Tribe 
after tribe was here located, and land set apart to them, with the 
promise that here they might permanently reside. A careful 
examination of this policy, and of the political record to trace 
the hands to which the country is indebted for it, will show that 
to the existence of the Missouri Compromise it must be attrib- 
uted. By that restriction Kansas was shut to slavery. Western 



16 THE CONQUEST OF KANSAS. 

Missouri is the seat of slavery in that state. It is chiefly confined 
to the few counties that border it. Western Missouri looked with 
an envious eye upon Kansas. It acted as if Kansas really be- 
longed to it. Years before the American people heard a syllable 
about the repeal of the Missouri compromise, it was contemplated 
and discussed in Western Missouri. The propagandists, who, act- 
ing under the conviction that Kansas was lost to slavery, had tied 
it up with Indian treaties that would effectually prevent any 
attempted settlement, began to plan a double villany, a breach of 
faith with the aborigines, and a breach of the sacred compromise 
by which it had been hoped the vexed question was amicably set- 
tled. With covert and cunning movement the plot progressed ; a 
plot that was not only to give Kansas to slavery, but to throw open 
the whole national territory to its embrace. But, even while Kan- 
sas was guaranteed to freedom, slavery was introduced. Nearly 
all of the Indian agents were slavery propagandists, and many of 
them owned slaves. The first slavery in the territory, however, 
was introduced by one who came professedly to preach the Gospel. 
Through all of the Indian tribes missionary stations and schools 
were scattered. These represented different denominations, some 
supported exclusively by the body that sent them, others in part 
by a per centage from the Indian payments, their cbance for the 
latter being to some degree dependent on the esteem in which 
their " faith" and " practice " were held by the Indian agents. 

Close to the frontier of Missouri, and within a few miles of 
Westport, stands one of the oldest missions in the territory, — the 
celebrated " Shawnee Mission," of the Methodist Church South. 
Three sections of the very finest land were granted by the Shaw- 
nees to this mission ; besides which, no inconsiderable portion of 
government money and per centage on the Indian annuities have 
been expended in erecting three or four massive and extensive, 
but tasteless and filthy-looking, brick buildings, and in converting 
those three sections of fertile Indian land into a well-improved and 
beautiful farm, which I have heard estimated worth sixty thousand 
dollars. In the progress of events, and by a system of manage- 
ment which I cannot comprehend, much less explain, two sections 
of this farm, containing many of the best improvements, have fallen 



INTRODUCTORY CHAPTER. 17 

into the hands of the present head of the mission, the Rev. Tom 
Johnson. 

Some twenty years ago, when this worthy came to Kansas, he 
was, as I have been emphatically told, " not worth a blanket." 
By " breaking the bread of life " to others, he seems haply to have 
acquired a reasonable portion of the baser, or "of the earth 
earthy," bread himself. The " laborer " was doubtless " worthy 
of his hire ; " but whether it was hire for preaching the great 
Christian doctrine, " Whatsoever ye would that men should do 
unto you, do ye even so unto them," or in the vigorous inculca- 
tion of more critically orthodox doctrines on the relative duties 
of " servants " and " masters," is a point worth considering. 

The Rev. Tom Johnson is a western man. Vulgar, illiterate, 
and coarse, I have heard his voice ring through the dingy brick 
wall of the Shawnee Mission in prayer, his style being char- 
acterized chiefly by extreme western provincialisms and very 
bad grammar. A violent pro-slavery partisan, he has been a 
useful tool in his way. His name may be found figuring in some 
of the most violent of the pro-slavery partisan meetings, and he 
was President of the Council of the Bogus Legislature which, 
within the walls of his mission, in the rooms dedicated to the 
service of Him who is the God of justice and truth, perpetrated 
one of the most flagrant outrages on right and justice recorded on 
the page of history. The Rev. Tom was elected in a district in 
which white men were not allowed to reside, with the exception of 
the few religious missions, and federal officers in the shape of 
Indian agents; his constituency coming chiefly from Westport, 
Mo. This worthy is said to have first introduced slavery into 
Kansas. He introduced and held slaves at the time when the 
existence of the restriction rendered it a violation of the spirit of 
the temporal law. 

I conversed with one of the most intelligent of the Delaware 
chiefs on the political sentiments of his tribe. He told me they 
were nearly all free-state men, except a few on the south side of 
the reserve, close to the Shawnee country. On inquiry why 
these were pro-slavery, he shook his head, and said, 

" There is no sense in it ; for not one of them will ever be rich 
2* 



18 THE CONQUEST OF KANSAS. 

enough to own a nigger, or take care of him if they had him. It 
is these preachers who tamper with them. They believe every- 
thing they say." 

Does not this out- Jesuit Jesuitism ? I only mention these facts 
in this connection to show the means used to rob Kansas from 
freedom, and that the first step in the conquest was done under 
the shadow of the banner of the Prince of Peace. I would merely 
exhibit the point of all this by stating that when the treaties were 
arranged, a year and a half ago, the portion of the funds dedi- 
cated to religious uses fell into the hands of this Methodist Mis- 
sion; the Quaker and Baptist Missions, in the same locality, 
which had also labored long in the field of Shawnee heathenism, 
were left out. Perhaps this was because it was conceived that 
the positions of these bodies would sustain the more republican 
theory of religious support, — on the voluntary principle ; perhaps, 
because the agent was a pro-slavery man, and, in point of fact, a 
Missourian. 

In the fall of 1853 the plot for the conquest of Kansas ma- 
tured. In the struggle which ensued, the breach of faith with the 
Indians was comparatively lost sight of. It required no spirit of 
divination to foresee that, in opening the territory to a white pop- 
ulation, the semi-barbarous occupancy of the finest lands by the 
Indians would inevitably terminate in some manner. I do not 
know whether the originators of the Kansas Nebraska Bill con- 
templated an amalgamation of the whites and Indians, to vin- 
dicate the faith of treaties and the progress of American civ- 
ilization westward. If so, it was a blunder. Some few of 
the more intelligent and industrious Indians may be absorbed 
in the population of Kansas, but the great mass can neither 
use nor be used by civilization. There is no honorable escape 
from the dilemma in which the Kansas Bill places these matters. 
To leave the tribes on closely-guarded reserves would be a step 
eminently prejudicial to the best interests of a civilized commu- 
nity, and would be unjust and inhumane to the Indians them- 
selves. To permit them to hold farms in individual occupancy, 
and thus merge and sink their tribe in the community, although 
the most just arrangement, would soon, in the progress of whiskey 



INTRODUCTORY CHAPTER. 19 

civilization, reduce them to a fraction of what they are, beggars 
and plagues to society. To deprive them of the power of selling 
these farms would only reduce them to the acute point of misery 
at an earlier date, and be a nuisance in the society they thus ob- 
structed. A more humane policy would contemplate the extradition 
of the tribes — the less civilized portion — to wilds further west, 
where their nomadic and indolent habits would not expose them so 
surely to starvation, and where they would not be thrown in con- 
tact with a civilization with which they were not prepared to 
grapple. 

Such are the Indian aspects of the Kansas question ; grave and 
important considerations, which the din of political strife has 
caused to be too much overlooked, but which appeal to the intel- 
ligent statesman and the humane citizen. 

That the design of the law organizing the Territory of Kansas 
was to make it a slave state, has since been conclusively shown by 
the agencies since set to work to remove the unforeseen obstacles 
which have arisen in the path of such a scheme. If further evi- 
dence were wanting, it could be obtained from the testimony of 
the actors themselves. Dr. Stringfellow, while under oath before 
the committee of Congress, stated that such " was the design of 
the Kansas Nebraska Bill ; " and, when reminded of the polit- 
ical theories by which the northern supporters of that measure 
attempted to vindicate this position, rejoined, " That was all 
Buncombe — who believes that ? " He stated that such were not 
only the objects of the organic law, but that the executive, and 
those who carried it through, so understood it, and added, that it 
was the expectation that the emigration from Western Missouri 
would quickly settle the question. He also states that it was the 
Eastern Emigrant Aid Societies that first threw doubt upon the 
success of this scheme, thereby causing trouble. But, to a question 
from Mr. Sherman, he admitted that the influx of any free-state 
settlers, sufficient to produce the same result, let them come in 
any way, would have caused trouble. 

There is not the slightest doubt but such is the true state of the 
case. The two policies of the free and slave states are so opposite 
and hostile, and they could only triumph over each other to the so 



20 THE CONQUEST OF KANSAS. 

serious detriment of the defeated party, that the expedient of in- 
viting them to settle their respective claims on the soil of a future 
empire, in dispute, is madness, and preeminently stupid. It is 
simply a reference of the case to fraud and violence ; for intel- 
ligent and impartial popular voting can no more decide on the 
claims of these two interests, than they could decide on the claims 
of republicanism and absolute despotism, or decide for the delicate 
sentiment we call " religion of the heart." 

The Kansas Nebraska Bill, or Organic Law of the territory, 
failed to define with sufficient clearness the rights of the settlers to 
the soil they were thus invited to occupy. It failed to secure the 
purity of the elective franchise. The federal courts it provided 
for referred the adjudication of cases involving the lives and dear- 
est rights of the settlers to a set of men, the appointees of the 
executive, and the tools of the faction that used him. These and 
many other minor defects were designed, and have played an emi- 
nent part in the conquest of Kansas. 

The startling feature of the organic law of the Territory of 
Kansas, and one the fierce discussion of which caused many of 
its other dangerous features to be overlooked, is contained in the 
following : 

" That the constitution, and all laws of the United States not 
locally inapplicable, shall have the same force and effect within 
the Territory of Kansas as elsewhere within the United States, 
except the eighth section of the act preparatory to the admission 
of Missouri into the Union, approved March 6th, 1820, which, 
heiiig inconsistent icith the jyTtyicij^les of non-intervention by Con- 
gress with slavery in the states and territories, as recognized by 
the legislation of 1850, commonly called 'the compromise measures, 
is hereby declared inoperative aj^d void, it being the true intent 
and meaning of the act not to legislate slavery into any state or 
territory, or exclude it therefrom ; but to leave the people thereof 
perfectly /ree to form and regulate their domestic institutions in 
their own way, subject only to the constitution of the United 
States : Provided, that nothing herein contained shall be con- 
strued to revive or put in force any law or regulation which may 



INTRODUCTORY CHAPTER. 21 

have existed prior to the act of the 6th of March, 1820, either 
protecting, establishing, prohibiting, or abolishing slavery." 

Such was the repealing clause. And in section nineteenth there 
occurs the following : 

" And when admitted as a state or states, the said territory, or 
any portion of the same, shall be received into the Union with or 
without slavery, as their constitutions may prescribe at the time 
of their admission." 

The organic law passed the houses of Congress after a protracted 
and memorable struggle. It filched northern votes from northern 
interests by means of a political theory styled " squatter sover- 
eignty." It dealt a fearful blow at the prosperity of republican 
institutions everywhere, under the specious plea of " saving the 
Union." No sooner was it passed than the struggle began. The 
following is from the report of the committee of Congress 
founded on the testimony before them : 

" Within a few days after the organic law passed, and as soon 
as its passage could be known on the border, leading citizens of 
Missouri crossed into the territory, held scjuatter meetings, and 
then returned to their homes. Among the resolutions are the 
following : 

" That we will afford protection to no abolitionist as a settler 
of this territory. 

" That we recognize the institution of slavery as already exist- 
ing in this territory, and advise slaveholders to introduce their 
property as early as possible." 

The leaders of the pro-slavery propaganda telegraphed to their 
friends in Missouri, who took steps at the earliest moment to secure 
many of the best locations, which they had looked out before. 
Treaties were secretly made with the Indians, the chiefs being 
taken to Washington for the purpose ; and, as soon as certain 
tracts of land were ceded, the information was telegraphed by the 
slavery extensionists, who held the executive ear, to those in Mis- 
souri, who were prepared to take possession of the best localities 
before others could know that they were open to settlement. 
Other tracts of ceded land, which by terms of the treaty were not 
properly open to squatters, were taken possession of by Mis- 



22 THE CONQUEST OF KANSAS. 

sourianSj and the executive has winked at such infractions. The 
invasions of the Delaware lands were first made by Missourians ; 
but settlers from other localities, seeing that this was done with 
impunity, and that the whole of the land would be secured and 
closed against them in this way, went on to these lands also ; and, 
after they began to do so, went on in far greater numbers. I 
subjoin the protest of the Delaware chiefs : 

" We, the chiefs, head men and counsellors of the Delaware 
nation, hereby notify our white brethren that all settlements on 
the lands ceded by the Delaware Indians, by treaty at Washing- 
ton, dated 6th May, 1854, are in violation of said treaty; and 
that we in no wise give our will or consent to such settlement ; 
and if persisted in by our white brethren, we shall appeal to our 
great father, the President of the United States, for protection." 

The following are the outlines of the treaties made with the 
different tribes in Kansas, and the dates of such treaties. They 
indicate the amount still reserved for the use of the Indians : 

On the 25th March, 1854, a treaty was concluded with the 
Otoes and Missourias, by which they ceded all their land in 
the territory, except a tract on the Big Blue, ten by twenty-five 
miles. 

By treaty, dated March 25th, 1854, the Kickapoos ceded all 
their lands, except one hundred and fifty thousand acres, which 
were set apart for the western portion of their cession, and lie on 
the head waters of the Grasshopper, towards the Nebraska line. 

On the 30th March, 1854, the Kaskaskias, Weasteorias, and 
Pinckashaws, ceded all their lands, except one hundred and sixty 
acres for each soul in their united tribes. The tribe to have 
ninety days for selection after the surveys are approved. 

On the Gth May, 1854, the Delawares concluded a treaty, by 
which all their lands were ceded, except a strip along the north 
side of the Kansas river, ten miles wide, and running forty miles 
west. The ceded lands to be set up at auction after they were 
surveyed, and sold to the highest bidder, for behoof of the tribe ; 
deducting the expense of survey and sale. 

By treaty with the Shawnees, dated May 10th, 1854, all of their 
land was ceded, except two hundred thousand acres, to be selected 



INTRODUCTORY CHAPTER. 23 

between the Missouri state line and a parallel thirty miles west 
of it. The Shawnee families located throughout the reserve are 
to be allowed ninety days from the approval of the surveys to 
locate two hundred acres for each member. These locations to be 
deducted from the two hundred thousand acres. 

By treaty, dated 18th May, 1854, the Sacs and Foxes ceded their 
lands, except fifty sections of six hundred and forty acres each. 
This is to be located in a suitable place, and in a body. 

By these treaties many thousand acres of land were thrown 
open, or will be speedily thrown open, to settlement. Claims 
began to dot the surface of the country. In spite of a systematic 
and preconcerted effort on the part of Missouri to get possession 
of the territory, such was the enterprising character of citizens 
from other states, and the wide notice given of the opening of 
Kansas by the fierce discussion on the repeal of the Missouri 
Compromise, that ere long free-state settlers began to preponder- 
ate. Still, all the political influence, the federal offices and pat- 
ronage, were thrown into the hands of the slavery extensionists. 
One or two mistakes in these appointments were made ; but they 
were promptly and villanously remedied. The following editorial 
from the Washington Union, the executive organ, on this point, is 
deeply significant : 

" A gentleman in "Virginia calls our attention to the fact that 
the enemies of President Pierce in the South lay peculiar stress 
upon his appointment of Governor Beeder as proof of his willing- 
ness to favor free-soilers, and asks us whether, at the time of his 
appointment, Grovernor Boeder was regarded as a sound national 
Democrat. It is in our power to answer this question with entire 
confidence, and to say that down to the time that Governor Beeder 
went to Kansas to assume the duties of governor of the territory, 
there had not been, as far as we ever heard, or as far as the Pres- 
ident ever heard, a breath of suspicion as to his entertaining free- 
soil sentiments. He was appointed under the strongest assurances 
that he was strictly and honestly a national man. We are able 
to state, further, on very reliable authority, that whilst Governor 
Beeder was in Washington, at the time of his appointinent, he 
conversed with Southern gentlemen on the subject of slavery, and 



24 THE CONQUEST OF KANSAS. 

assured them that he had no more scruples in buying a slave than 
a horse, and he regretted that he had not money to purchase a 
number to carry with him to Kansas. We have understood that 
he repeated the same sentiments on his way to Kansas. We will 
repeat, what we have had occasion to say more than once hereto- 
fore — that no man has ever been appointed by President Pierce 
to office who was not at the time understood by him to be a faith- 
ful adherent of the Baltimore platform of 1852, on the subject of 
slavery. If any appointment were made contrary to this rule, 
it was done under a misapprehension as to the appointees. We 
may add that the evidences of Gov. Piceder's soundness were so 
strong that President Pierce was slower than many others to 
believe him a free-soiler after he had gone to Kansas. It is, there- 
fore, the grossest injustice to refer to Gov. Keeder's appointment 
as proof of the President's willingness to favor free-soilers." 

While such were the preparations, on the part of Missouri and 
the pro-slavery propagandists, to seize Kansas and make it a slave 
state, they were met by conflicting elements. It is a fact, which 
all subsequent developments will prove, that the free-state cause 
has, during the struggles, rested mairily on individual enterprises.' 
Societies have been formed to settle the territory, and, while these 
had strictly no political cast, their tendencies were to send in a 
population favorable to a free-state policy. The following com- 
panies have been, and now are, in active operation. 

American Settlement Company, New York City. This com- 
pany founded the Council City settlement. The secretary is 
Theodore Dwight, 110 Broadway, New York. 

The N. England Emigrant Aid Company, Massachusetts. 
This company has been more instrumental than all others in facil- 
itating emigration, and in introducing capital and useful improve- 
ments into the territory. Near one half of the saw-mills in the 
territory were brought there by its capital. Towns have been laid 
off, and the process of settling a new country facilitated in an 
eminent degree. Never, until this and other kindred companies 
led the way, has capital gone ahead of labor, as a pioneer in the 
work of employing rich natural resources. It has also aided emi- 
grants in getting to the territory, by carrying on emigration at 



INTRODUCTORY CHAPTER. 25 

"wholesale prices." On account of its activity, and the important 
results flowing from it, it lias been intensely hated and misrepre- 
sented by the pro-slavery propagandists. It is conducted by Messrs. 
William B. Spooner, J. M. S. Williams, Eli Thayer, S. Cabot, Jr., 
M. D., K. P. Waters, Le Baron Kussell, M. D., Charles J. Hig- 
ginson, and E. E. Hale. Its secretary is Thomas H. Webb ; and 
its agents are Gen. S. C. Pomeroy and Gen. C. Robinson. 

Then there were the Vegetarian Settlement Company, the New 
York Kansas League, the Octagon Settlement Company, and 
some other minor organizations to facilitate and unite emigration. 

By these means more good blood has been poured into the " body 
politic " of Kansas than has ever flowed into any other new terri- 
tory in its youth. Not only has capital preceded labor, but a high 
degree of intelligence and refinement has been introduced among 
the pioneers. The settlers from the Western States, also, have 
generally been of the better class. The coon-hunting, soft-soap- 
currency tribe of squatters, who have usually officiated as pioneers, 
have been superseded by a class who had to keep improvement oa 
the gallop in order to retain their former habits. 

The entrance of this class of settlers was reofarded with the 
utmost jealousy and hatred by the Missouri slavery propagan- 
dists. They viewed it as an infraction of their rights, and, well 
knowing that this class of settlers were, and would be, hostile 
to slavery, considered their extradition from the territory essen- 
tial to securing their ends. Early in July, 1854, about the time 
the first Eastern emigration came to the territory, the following 
resolutions were adopted at a meeting in Westport, Missouri. They 
fairly indicate a sentiment extensively prevalent in that state, and 
from which much of the disturbance has arisen. 

" Resolved, That this association will, whenever called upon by 
any of the citizens of Kansas Territory, hold itself in readiness 
together to assist and remove an}'- and all emigrants who go there 
under the auspices of the Northern Emigrant Aid Societies. 

" Resolved, That wo recommend to the citizens of other counties, 
particularly those bordering on Kansas Territory, to adopt regula- 
tions similar to those of this association, and to indicate their 
readiness to operate in the objects of this first resolution." 
3 



26 THE CONQUEST OF KANSAS. 

These were no Buncombe, effervescing resolutions ; they were 
the fearful index of what has proved a fearful state of affairs. 
They were, also, prone to regard all settlers from Eastern or 
Northern States — in fact all who were not in favor of slavery — 
as "Emigrant Aid people." Nor have they treated free-state 
people, whom they have learned to have no connection with any 
society, a whit better than the others. 

The amenities of life, the hospitality for which Southern people 
are justly reputed, were forgotten in the bitterness of the feud. 
When one stranger met another the question was where the other 
*' came from," and his politics on the slavery question. Such was 
the aspect of affairs when the struggle began, and what we have 
been describing the preliminary steps. Then began the strife 
provoked by the repeal of the Missouri Compromise, and which 
left no alternative but a struggle or submission ; — a warfare 
predicted by AVilliam H. Seward, in the United States Senate, 
in those memorable words : 

" Come on, then, gentlemen of the slave states ! Since there is 
no escaping your challenge, I accept it on the behalf of Freedom. 
We will engage in competition for the virgin soil of Kansas, and 
God give the victory to the side that is stronger in numbers, as 

j it is in right." 

I 



CHAPTER II. 



THE FIRST INVASION. 



The cabins of squatters had begun to dot the face of the country, 
and the music of the pioneer's axe was ringing amongst the timber 
that shaded the water-courses of Kansas. A code of " Squatter 
Laws " was adopted, which had application to the valley of the 
Kaw, and in which mutual assistance was pledged to sustain the 
"claims" taken, in the absence of other means of legalizino; these 

' DO 

inchoate titles. 

It was in July, 1854, that the first company of Eastern emi- 
grants arrived in Kansas. They were some thirty in number, 
and came under the guidance of Mr. Charles Branscomb. They 
located on the present site of Lawrence. It is a fine prairie 
knoll, close on the Kaw river, and the first point at which the 
prairie touches the river. It stands some six miles north of the 
mouth of the Wakarusa, which flows four miles behind Lawrence, 
directly to the south. Immediately behind Lawrence, about half a 
mile from the river, a bold hill, or prairie promontory, rises abruptly 
to the altitude of some eighty or a hundred feet. This is Mount 
Oread. When the first Eastern settlers reached Lawrence they found 
that some two or three Missourians laid claim to the spot. One 
of these had thrown a few logs together, but was living in Missouri. 
The settlers succeeded in " buying out " those who appeared to 
have any feasible claim. They pitched their tents on the knoll, 
close to the river, and the members of the party immediately scattered 
out, locating claims. In two weeks more they were joined by a 
second and larger company, numbering sixty or seventy, with whom 
came Dr. Charles Robinson and Mr. S. C. Pomeroy. It was at this 



28 THE CONQUEST OF KANSAS. 

time that the Lawrence Association was formed. Several Wyan- 
dot "floats" were located on the site, the city being laid out two 
miles square. These Wyandot floats are transferable rights, by 
which each of the Wyandot Indians could locate a section of land, 
six hundred and forty acres, on any unoccupied public land, and 
hold it in fee simple. 

Immediately all claims near or adjoining Lawrence were taken. 
A saw-mill had been brought, but was still at Kansas city. Some 
of the emigrants, homesick, and unused to the privations of a 
pioneer life, returned after but a few days' experience. Several 
tents were scattered on the knoll that overlooks the Kaw, and a 
large tent was a public or general rendezvous. Preparations were 
made for more durable residence; but Lawrence was in this 
embryo stage of nomadic simplicity when the first border ruffian 
expedition came against it. 

Ptumors of " Yankee settlements " in the valley of the Kaw 
had been received along the border counties of Missouri, and had 
awakened a bloodthirsty wish to exterminate them. These Mis- 
gourians regarded Kansas as delivered over to them by the Kan- 
sas-Nebraska bill ; hence their fury against any interlopers who 
might jeopardize the chances of making it a slave state. The 
Yankees heard of the storm that was brewing, but had not 
travelled all the way to Kansas to be frightened off by a rumor. 

Pleader, did you ever see a border ruffian? A hona fide^ 
Simon pure, unadulterated " Puke "?* After all, they are a good 
deal like the ordinary run of men, or rather like the ordinary run 
of " hard cases." What I mean is, they are neither one-eyed 
ogres nor " three-fingered Jacks." Still, they are decided char- 
acters. Most of them have been over the plains several times, — 
if they have not been over the plains, the probability is, they 
have served through the war in Mexico, or seen a " deal of 
trouble in Texas ; " or, at least, run up and down the Missouri 
river often enough to catch imitative inspiration from the cat- 
fish aristocracy, and penetrate the sublime mysteries of euchre or 
poker. I have often wondered where all the hard customers on 

* The Puke is the indignant term applied to the native of Missouri, as Hoo- 
sier belongs to Indiana, Sucker to Illinois, <fec. &c. 



THE FIRST INVASION. 29 

the Missouri frontier come from. They seem to have congregated 
here by some law of gravity uncxplainablc. Perhaps the easy 
exercise of judicial authority in frontier countries may explain 
their fancy for them. Amongst these worthies a man is estimated 
by the amount of whiskey he can drink ; and if he is so indiscreet 
as to admit he " drinks no liquor," he is set down as a dangerous 
character, and shunned accordingly. Imagine a fellow, tall, slim, 
but athletic, with yellow complexion, hairy faced, with a dirty 
flannel shirt, or red, or blue, or green, a pair of common-place, 
but dark-colored pants, tucked into an uncertain altitude by a 
leather belt, in which a dirty-handled bowie-knife is stuck rather 
ostentatiously, an eye slightly whiskey-red, and teeth the color of 
a walnut. Such is your border ruffian of the lowest type. His 
body might be a compound of gutta percba, Johnny-cake, and 
badly-smoked bacon ; his spirit, the refined part, old Bourbon, 
"double rectified;" but there is every shade of the border ruffian. 

Your judicial ruffian, for instance, is a gentleman ; that is, as 
much of a gentleman as he can be without transgressing on his 
more purely legitimate character of border ruffian. He is of the 
Judge Leonard, or Colonel Woodson, or Hon. M. Oliver class. 
As " occasional imbibing " is not a sin, his character at home is 
irreproachable ; and when he goes abroad into the territory, for 
instance, he does not commit any act of outrage, or vote himself, 
but, after "aiding and comforting" those who do, returns, feeling 
every inch a gentleman. 

Then there is your less conservative border ruffian gentleman^ 
of the Sheriff Jones, or Col. Boone, or Gen. Bichardson type. 
They are not so nice in distinctions, and, so far from objecting, 
rather like to take a hand themselves ; buif they dress like gentle- 
men, and are so, after a fashion. Between these and the first- 
mentioned large class there is every shade and variety ; but it 
takes the whole of them to make an effiictive brigade ; and then 
it is not perfect without a barrel of whiskey. The two gentle- 
manly classes of ruffians are so for political effiict, or because they 
fancy it is their interest. The lower class are pro-slavery ruffi- 
ans, merely because it is the prevalent kind of rascality; the in- 
ference is, that they would engage in any other affiiir in which an 
3* 



30 THE CONQUEST OF KANSAS. 

equal amount of whiskey might be drunk, or as great an aggre- 
gate of rascality be perpetrated. 

Such was the kind of customers who presented themselves to 
the astonished gaze of the early citizens of Lawrence, while it 
spread its tent-like, butterfly wings, just emerging from its chrys- 
alis state, on the banks of the Kaw. 

They came in wagons, and were truly an " army with banners." 
Every wagon appeared to be supplied with a piece of cloth, 
which was patched something to represent a star, or other more 
mysterious border ruffian symbols, and also a jug of whiskey. 
They had a fiddler or two with them, their nearest approximation 
to " martial music." They might be styled the shot-gun, or back- 
woods' rifle, brigade. In a representation of "The Forty 
Thieves " they would have been invaluable, with their grim vis- 
ages, their tipsy expression, and, above all, their oaths and un- 
approachable swagger. As the first detachment only numbered 
eighty men, they took to the north side of the ravine, which runs 
through town, this being the Kubicon between them and the 
Yankees. When there they proceeded to swagger and drink, and 
shoot at marks, and swear by all that was good and bad that they 
would exterminate all the d — d Yankee abolitionists that dare 
come to Kansas. Towards the evening of the day they came a 
reinforcement of some twenty-five more arrived ; but they either 
did not deem themselves strong enough yet, or had adopted some 
plan of operations requiring delay. 

Night came on. The belligerents were within gunshot. The 
free-state settlers had watched the enemy with the utmost care, 
but had abstained from warlike demonstrations until they knew 
what these men intend^ to do. And yet it was with a feeling 
of deep anxiety that Dr. Robinson stood by the tent and looked 
across the ravine towards the camp-fires of the border ruffians. 
When these had first taken up their position across the ravine, 
three of the free-state settlers went over to request their busi- 
ness, and the meaning of the warlike demonstrations. To this a 
message was sent back that the " abolitionists " must take away 
their tents and leave the territory, or they would be " cleared 
out ; " and that they might have until morning to do it peaceably. 



THE FIRST INVASION. 31 

There was no disguising the fact; the "tug of war" was before 
them. 

All night long the sentries paced around the tents of young 
Lawrence. Sleepless and watchful, the leaders listened to every 
loud cricket-chirp, or watched each dancing fire-fly that flitted 
between them and the enemy. The brave indignantly watched, 
and carefully examined their guns, with clenched teeth, and cool 
determination. The timid and fearful shrank in horror from 
monstrous bowie-knife visions and dreams of gaping wounds; 
and a very few of the conservatives, who wished to be " right on 
the record," suggested that, " after all, some of the free-state 
men did talk too freely, and, upon the whole, it might be better to 
go back till the thhig was settled ; " but such counsels were, with 
few dissenting voices, voted down. Midnight came, and the noisy 
bivouac of the drunken ruffians was hushed. The sentinels paced 
their rounds. The stars twinkled away up in the heaven of God, 
like so many pure eyes looking down on this beautiful spot which 
the murderous hand of man threatened to disfigure with his broth- 
er's blood. Not a sound broke on the ear of the brave or timid 
listener, save the murmuring of the Kaw over its rocky rapid, or 
the buzz and hum of insects. 

Day at last dawned on that weary summer's night. With the 
daylight the ruffians bestirred themselves, and, by the time they 
got breakfast, they were reinforced by another party, which in- 
creased their numbers to one hundred and fifty men. This last 
accession made their arrival with shrieks and yells, and the border 
ruffians being now in force, sent over a formal notification that, " the 
tent must be taken down, and all their efiects gathered together, 
preparatory to leave by ten o'clock," and that the " abolitionists 
must leave the territory, never more to return to it ;" all of which 
was of course " respectfully submitted," and just as respectfully 
and firmly declined. 

As the Missourians had said they were coming over the ravine 
at ten o'clock, and as a general scrimmage about that time was 
to be expected, about sixty of the free-state men (the greater 
part of them), all who could get arms, formed into a military com- 
pany, and were put on drill parade in front of the tent. 



82 THE CONQUEST OF KANSAS. 

Ten o'clock came, but the enemy came not. About half an 
hour afterwards another ultimatum came. " They could have 
another half-hour to remove that tent, and get ready to leave." 
After that, if they refused to comply, they were coming, and every 
d — d one of them would be " put to the bowie-knife," or shot. 
"This was in earnest." 

The half-hour passed away, and the free-state squatters kept 
going through their " drill " by the tent. Again the ruffians sent 
a message, but not until they had some fierce discussion amongst 
themselves. It was now when this " finality " was delivered. 
The border ruffians " would give them exactly till one o'clock 
to take aivay that tent and leave. Nothing but a desire to pre- 
vent the effusio7i of blood induced them to make this final prop- 
osition. If not complied with, they were coming over exactly 
at that hour — they were — and they would not hold themselves 
responsible for what might happen." Conscientious border 
ruffians ! 

The " wee short hour " went by. A summer's sun blazed down 
on the trodden grass, and the tents, and the squatter soldiers. 
The latter were beginning to appreciate the joke. The timid 
began to grow courageous. The hearty laugh of Dr. Robinson, 
as he said, " They are not going to come over, I will guarantee," 
acted as an additional sedative. 

By half-past twelve the enemy had formed in martial array. 
They were drawn up in line over the ravine, in situations where 
the free-state men could see they were all ready to march. 
One o'clock came and passed, and again a messenger came over. 

" Just ten minutes to move that tent." 

He was received with a shout of laughter. 

Meanwhile the border ruffians kept going through their evolu- 
tions. They paraded, and marched, and countermarched, and 
threatened, and swore. After noon they drank none, for their 
liquor was out; but how they did swear! "The army in Flan- 
ders " never swore " more terribly." They first d — d the " aboli- 
tionists " for cowards, and then for " fools, who did not know 
their danyer^ 

At two o'clock r. m,, one valiant man proposed that " we should 



THE FIllST INVASION. 33 

have no more mercy on 'em ; but go over and pitch into 'em." — 
" That 's the talk ! " cried another; " give 'em h — 1, d — m 'em ! " 
*' That 's it ! " — " Put 'er through ! " — " Let 'er rip ! " came 
from many voices. 

At three o'clock p. m., a man with a conservative aspect made 
a speech, and proposed that fresh negotiations and " a little more 
time " be sent over. This was denounced by a fire-eater, who 
" did not wish to make a fool of himself." Fierce debate raged 
between the ruffians, and, one or two of them having taken occa- 
sion to call some of the others " cowards," there was a prospect 
that there really would be a fight. 

It was nearly sundown before this wrangle terminated, and it 
only did so when the party split, and some sixty of these bowie- 
knife and revolver heroes parted from the rest, and started back 
for Westport, swearing they would n't keep company with such a 
set of fellows. After the first party left, the remainder did not 
feel remarkably easy, as the " d — d abolitionists " did not appear 
to be a whit more willino; to remove their tent. As twilight came 
on, they began to break up and go off in small parties, and the 
last lot went off in a hurry, shortly after dark, as if they fancied 
it was " devil take the hindmost." And thus gloriously retired 
the first invasion, emulating the King of France, who, 

" "With twenty thousand men, 
Marched up the hill, and then marched down again.*' 

Would that all the attacks on Lawrence had been thus man- 
aged, and thus terminated ! It must not be supposed that these 
men were all cowards. There were, doubtless, amongst them many 
men who would have fought bravely, and made desperate enemies. 
Many of them, however, must have been cowards, and all were 
acting in a situation in which a man is not apt to be very brave. 
They had engaged thoughtlessly in an expedition, dictated by 
others, and when they encountered a firm nerve, and the stern 
aspect of deliberate attack in an unrighteous quarrel presented 
itself, they quailed before it. In such cases the danger is chiefly 
from an accidental collision that precipitates hostilities. 



34 THE CONQUEST OF KANSAS. 

At this point I would mention another humorous incident that 
occurred a few days before what I have just narrated. It is 
rather on the other side. It happened with the first company of 
thirty, and before the second company arrived. 

One of the company, Mr. T , had some little doubt as to 

the courage and nerve of a few of his companions. He was de- 
sirous of trying them, and an opportunity offered. A rumor 
reached their camp that some slaves had run away from Missouri, 
— one of those tricks resorted to by the border ruffian leaders to 
exasperate their people. Although the story was without found- 
ation, it afforded sufficient material for the project of our friend, 
who had heard it discussed in the company, and knew that most 
of them regarded this report started against them as a rather dis- 
agreeable bugbear. 

Mr. T was out on a short journey, on horseback, when he 

met a half-breed Wyandot, — a very intelligent man, and so white 
that no one could detect the Indian blood in his veins. He was 
riding on a powerful mule, and might have passed very well for a 
border ruffian by more expert judges than the new-comers. Mr. 

T fell into conversation with him as they rode along, and, as 

they got on very good terms, our friend mentioned the joke he 
meant to play on some of his companions. He told the Wyan- 
dot the story about the runaway negroes, and asked him to go to 
the camp and represent himself as an officer from Missouri in 
search of them, and demand that assistance be rendered to make 
it, and see how many of them he could get. Our AYyandot, who 
appeared to have a fund of humor, readily agreed, and our friend 

T galloped ahead into camp to report that he had seen an 

officer from Missouri, who was "coming." 

There was some little fluster when our man with the mule rode 
up. He appeared most consistently stern, and first demanded that 
the "niggers be given up." Several of the party undertook to 
explain to him that they had not been there. The man with the 
mule shook his head, and appeared dissatisfied. 

" Look here," he said ; " I don't want to be the means of bring- 
ing you folks into trouble ; but I am an officer, and must do my 
duty. I hope you will meet the requirements of the law, and fur- 



THE FIRST INVASION. 85 

nish me your aid to search for the niggers, who I know arc here. 
If you refuse, I will have to go back and bring up a force large 
enough to make the search ; " and the man on the mule looked 
sternly significant. 

" Let me assure you, sir," began a very earnest and anxious- 
faced man, " let me assure you, upon my honor, that they are not 
here." 

" Very likely, sir," was the dry response. 

" I am positive — very positive." 

" I don't dispute it," — sarcastically. 

"But I pledge you solemnly thtit there are no niggers here ; 
there never have been any here. We are not ' abolitionists,' sir. 
It is a vile libel we deny." ^ 

The man on the mule stroked his beard. 

As it was evident that a majority present were inclined to pay 
no attention to his demands, the bogus officer rode out about two 
rods from the party, and, in a very impressive voice, said : 

" Gentlemen, this is a very serious matter, and should be care- 
fully weighed. I don't want to bring the Missourians upon you, 
who would only be glad of the opportunity to do so legally. I 
am anxious to prevent bloodshed and difficulty, and wish to know 
all those who are willing to vindicate the laws. Such of you as 
will assist me as a posse I desire to step over here, so that I may 
know them." 

" Look here," said a conservative man to one of his compan- 
ions; "hadn't we better go, and save all trouble? There is no 
negro here, and it will show that we are not abolitionists ! " 

"No, d — n him!" responded the other; "he may hunt his 
niggers as long as he likes ; that 's his business, not mine." 

" 0," said the other, angrily, " that incendiary way of talking 
won t do. It 's just fellows like you that get us in trouble." 

One or two more were " conservative," and tried to persuade 
their comrades to fall in. " I '11 tell you what," said one, " I am 
as fond of standing up, when the right time comes, as any of you ; 
but I want to make no bad steps. ' Let us keep right on the 
record,' and then we can maintain ourselves." 



36 THE CONQUEST OF KANSAS. 

" Gentlemen," resumed the man on the mule, " let those who 
will sustain the law step this way." 

About a half-dozen of the men, with an air of affected stern- 
ness, walked over, and one of them began telling the bogus negro- 
hunter that they were "law-abiding," and "no abolitionists;" to 
all of which Bogus manifested the utmost indifference. 

A fresh and very impressive call for further volunteers having 

produced no effect, our friend T let the joke out, and Bogus, 

thanking the gentlemen for their kind assistance, and declining 
their further services, descended at once from his high-perched 
dignity and his mule, and laughed heartily while he chatted with 
the squatters. Those few who had been so anxious to keep " right 
on the record," got very sick of the joke, and I believe most of 
them left the territory. 



CHAPTER III. 

GOV. REEDER — THE FIRST ELECTION — THE BLUE LODGE. 

The first officers appointed in the territory were A. H. Reeder, 
of Pennsylvania, Grovernor, — salary, $2,500; Daniel Woodson, 
of Arkansas, Secretary, — salary, $2,000. The officers of judi- 
ciary appointed were Samuel Dexter Lecompte, Chief Justice ; 
Sanders N. Johnson and Rush Elmore, Associate Justices, with 
salaries of $2,000 each ; Andrew J. Isaacs, Attorney, $250 and 
fees; and J. B. Donaldson, Marshal, — his salary being $300 and 
fees. These received their appointment for four years, commencing 
in 1854. 

In October of the year 1854 Gov. Reeder arrived. As the 
connection this functionary has had with the affairs of the terri- 
tory, first and last, is all-important, a slight sketch of him may 
be offered. 

Andrew H. Reeder is a " Pennsylvania Dutchman," — so reputed; 
but, beyond the mere fact of such extraction, he has no particular 
resemblance, except it be in rather a portly figure, slightly inclin- 
ing to obesity. He is a gentleman of polish and considerable 
parts, and a most thorough lawyer. Rather past middle age, with 
hair inclining to gray, he yet stands as erect and firm as a grenadier. 
There is something in his goggle eyes at first repulsive ; but you 
get familiarized to them, and to the curl of a magnificent gray mous- 
tache. He was always reputed a Democrat. When appointed, 
he was, and had been, a supporter of the organic act. He was an 
admirer of the "squatter sovereignty" feature, the ostensible 
democracy of which recommended the repeal of the Missouri Com- 
promise to so many ot the old Democrats. When he came to the 
territory he found that there was something more than abstract 
4 



88 THE CONQUEST OF KANSAS. 

theory, or even fair popular voting, at work to settle the difficul- 
ties in Kansas. He came thoroughly impressed with the impor- 
tance of sustaining the administration party, and would have sus- 
tained it to the end, if such course had been possible. Whether 
an honest indignation at the outrages Missouri was perpetrating 
on the territory, or a conviction of the impolicy and defeat of such 
a suicidal course, determined him, I know not. In any case, let 
him get credit for the position he took. Surrounded by party ties, 
liable to the charge of inconsistency, about which public men are 
generally too keenly sensible, almost every motive to induce him 
to compliance with the wishes of the slaveocracy existed, for whose 
behoof, and at whose instigation, the organic law was passed, and 
the officers appointed under it. A zealous advocate of that organic 
law and its theoretical apology, there was every motive to make 
him smooth over any difficulty, or oppose any movement, that 
would illustrate its fallacy. In these circumstances he was thrown 
into the struggle, and took the side of right and justice, even at 
the price of political ostracism. Gov. Reeder was too strong a 
man to make a good tool. What the border ruffians wanted was 
something pliant and docile, and Reeder had a will of his own ; 
hence the jealousy, perhaps the beginning of the feud. No gov- 
ernor could conquer Kansas. The border ruffians knew it, and 
merely wanted to be permitted to do it themselves ; but Reeder 
came to be governor, and governor he meant to be. 

It has been falsely urged against him that he only took his 
position after his dismissal, and when he had no alternative. The 
following extract from one of the ablest border ruffian journals of 
Missouri, penned long before the March election, will indicate the 
prejudice with which the border ruffians regarded the governor : 

" How little have our southern friends — impulsive, hospitable, 
and rash — understood the character of the Governor of Kansas ! 
Many have often said, ' He will favor the South ; his sympathies 
are with the South ; but, coming from a free state, he dare not do 
it openly.' Upon what reasonable premises — upon what rational 
induction of the governor's acts and conduct — could such ab- 
surd hypothesis be predicated? 'We will yet make a proselyte 
of him,' said they. Such a proselyte as they would make of the 



GOV. KEEDER — FIRST ELECTION — BLUE LODGE. 39 

shrewd, calculating, and far-sighted governor would be, to them, 
' two-fold more the child of hell than he was before.' " [A remark- 
ably candid admission, with a wide application. — AuTiioii,] " The 
developments that have already been made in the executive char- 
acter are amply sufficient to found a sound conclusion in regard 
to his future course and intentions. Impulsive and unreflecting 
people ! you have not scrutinized him closely. You have misread 
and mistranslated him. He has understood your character better 
than you have understood his. Affable and polite in outward 
manner, but cold, guarded, and designing within, — the external 
manner of a man wholly engrossed with self-aggrandizement and 
the steady accomplishment of his own private purposes. Possess- 
ing many qualities that go to make up a strong man, the execu- 
tive character is yet deficient in one great essential. An infirm- 
ity of purpose, and a weak, nervous oscillation of mind, are idio- 
syncrasies with the Governor of Kansas. Grovernor he is, and 
would be senator hereafter ! He is not without ambition — would 
play false — would wrongly win, and yet he fears to do it boldly 
like a man. He is a small nonpareil edition of Talleyrand and 
Metternich combined, without one spark or scintillation of the 
Jackson ' eternal ! ' in his whole composition. 

" Isolated and alone upon \hQ frontier he stood. In the midst 
of gentlemen of high official character and talent^ the great ' non- 
committal ' was distant and repulsive ; for without the encour- 
age of friends he dared not proclaim publicly that he was a 
free-soiler, and would do all, consistently with his official oath and 
dignity, to make Kansas a free state, as he had a right to say, 
and a right to do ; for he knew not what evils the passions of an 
impulsive people, roused to their highest pitch in an exciting con- 
test, might hurl around his devoted head. JVo doubt, in his mid- 
night dreams, his Excellency saw his honor Judge Lynch, with 
his grave judicial aspect, sitting at the foot of his bed, remarking, 
with all the politeness of Ilichelieu, to Baradas, that * the court 
had taken his case ill consideration, and decided that the air of 
Kansas did not agree with him.' " 

There is something extremely refreshing in the closing portion 
of the article we quote. There is a candor in its admissions, only 



40 THE CONQUEST OP KANSAS. 

equalled by the coolness of its allusions to the •' exciting contest" 
in which it admits Missouri to be engaged. We make no com- 
ments on the picture it draws, nor would we strike out one of its 
" lights or shadows." 

When Reeder went to Kansas he was beset, not only by that 
class which generally dangle at the heels of governors, but by a 
more important class, representing both interests in the impending 
struggle. That he was, in those circumstances, " the great non- 
committal " — was " distant and repulsive," is probable. Gov. 
E-eeder possessed no ordinary ability, and even a man of a higher 
order of talent would have found the circumstances perplexing. 
To these and his embarrassing political position we may attribute 
any errors or shortcomings which may have entailed trouble on 
Kansas. Perhaps the desire to appear impartial led him to tol- 
erate certain evils which, however great, he would have had to 
travel a little out of his way to remedy. 

In company with Gov. Reeder a Mr. Flenniken came to the 
territory. Mr. Flenniken was a candidate for delegate to Con- 
gress at the first election. He came in October, and the election 
was held in November. Some say he had admitted, on the way, 
that he was a candidate, and one witness before the committee 
testified to the fact. 

Mr. Flenniken was a firm administration Democrat — a be- 
liever in squatter sovereignty, as " enunciated by the Kansas Ne- 
braska bill." He came to Kansas full of ambition and political 
theories. As the accredited agent of a pure and unadulterated 
abstract Democracy, he came to uphold " squatter sovereignty," 
independent of abstractions. He was accused of being, first, pro- 
slavery, then non-committal, then free-soiler. In point of fact he 
was a genuine "squatter-sovereignty-as-enunciated" man. Fresh 
from the subtle theorizing on this position in the East, he fancied 
that the same seductive nonsense would hold good in Kansas and 
Missouri. In Kansas, however, he found it was " slavery as 
enunciated by the Kansas Nebraska bill." He made a great 
efibrt for a democratic impartiality on the question, and succeeded 
in being pretty generally suspected. His " veni^ vidi " had no 
terminating ^^vici" for Mr. Whitfield had been nominated as 



GOV. EEEDER — FIRST ELECTION — BLUE LODGE. 41 

the candidate of Platt<3 County, and there they perfectly under- 
stood the matter. 

Mr. Whitfield's position at that time was equivocal. Since then 
he has been candid and plain enough on the slavery question, in 
all conscience ; but in that election he evaded the issue. What- 
ever might have been the understanding between him and the 
people of Platte, and Clay, and Jackson and Buchanan counties, 
he pretended that slavery was not the issue of the election in the 
territory. In this way he got many of the free-state men to 
vote for him. The people of the territory were not then conver- 
sant with Kansas elections. ]\Ir. Whitfield looked like a gentle- 
man, and he declared that he " was in flivor of the people of the 
territory settling the question for themselves," — the same specious 
theory; and upon it he got many votes, as some better, and, per- 
haps, a few worse men have done. 

There was another candidate — Judge Wakefield. As a free- 
state man, the judge was unquestionable and reliable. He was a 
Western man, and no " abolitionist ; " but, as he explained it in a 
speech we once heard him make, a " free-soiler up to the hub — 
hub and all." The judge is a character in his way. His public 
speeches and private conversation are characterized by a style and 
enunciation decidedly provincial, and his grammar sets up a 
standard somewhat independent of Lindley Murray; but he is 
sound and shrewd in his opinions and convictions, and honest to 
the core. The old gentleman is somewhat portly. He is a man 
with a presence, and had the choice been made, as Diedrich 
Knickerbocker tells us they elected magistrates in his time (by 
weight), the worthy judge would have distanced both of his com- 
petitors put together. Unfortunately the free-state men were 
divided, and had no great faith in either of their candidates. We 
honestly believe that the old judge was much the " smartest" of 
the three; the standard in neither case being very high. The 
worthy judge, moreover, was a specimen of that school, rapidly 
disappearing under the blows of young America, the "fine old 
gentlemen." With him the amenities of life were facts, and worth 
considering. Alas ! the judge was doomed to be defeated, first 

by his friends and then by his enemies. In his own precinct 

4* 



42 



THE CONQUEST OF KANSAS. 



(Douglas), some four or five Missourians actually voted for him 
just to make game of him. They got him out to speak, and 
cheered him. They knew they were safe, and wanted to preface 
their career of despotism with a little malicious fun. 

The following abstract exhibits the whole number of votes at 
this election for each candidate ; the number of lesral and illegal 
votes cast in each district ; and the number of legal voters in each 
district in February following : 

Abstract of Census, and Election of Nov. 29, 1854. 



O 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 



Place of Votinoc. 



Lawrence, . . 
Douglas, . . 
Stinson's, . . 
Dr. Chapman's 
II. Sherman's, 
Fort Scott, . 
" 110," . . . 
Council Grove, 
Reynolds', . 
Big Elue Cross 
Marysville, . 
Warton's Store 
Osawkie, . . 
Harding's, . 
Penseno, . . 
Leavenworth, 
Shawnee Agency, 



Total, . 



a 


1 

o 
a 


s 

a" 
O 
C 

o 
a 


trt- 

O 

5' 
0=! 


H 
o 


OO 

o 
m 


a 

P 

< 
o 


46 


188 


51 


15 


300 


369 


300 


235 


20 


6 


— 


261 


199 


35 


40 


— 


7 


— 


47 


101 


47 


140 


21 


— 


— 


161 


47 


30 


63 


4 


15 


— 


82 


442 


30 


105 


— 


— 


— 


105 


253 


25 


597 


— 


7 


— 


604 


53 


20 


16 


— 


— 


— 


16 


39 


16 


9 


— 


31 


— 


40 


36 


40 


2 


6 


29 


— 


37 


63 


37 


237 


— 


3 


5 


245 


24 


7 


31 


9 


— 


1 


41 


78 


41 


69 


1 


1 


— 


71 


96 


71 


130 


— 


23 


— 


153 


334 


103 


267 


— 


39 


— 


306 


308 


100 


232 


— 


80 


— 


312 


385 


150 


49 


^^ 


13 


■*" 


62 
28 


50 


62 


2268 


249 


305 


21 


2871 




1114 



226 

131 

52 
80 

584 



238 



50 
206 
162 



1729 



The following is the statement of the Congressional Committee 
in regard to this election : 

" Thus your committee find that in this, the first election in the 
territory, a very large majority of the votes were cast by citizens 
of the State of Missouri, in violation of the organic law of the 
territory. Of the legal votes cast Gen, Whitfield received a plu- 
rality. The settlers took but little interest in the election, not 
one half of them voting. This may be accounted for from the 
fact that the settlements were scattered over a great extent, that 
the term of the delegate to be elected was short, and that the 
question of free and slave institutions was not generally regarded 



GOV. REEDER — FIRST ELECTION — BLUE LODGE. 43 

by them as distinctly at issue. Under these circumstances a sys- 
tematic invasion, from an adjoining state, by which large numbers 
of illegal votes were cast in remote and sparse settlements for the 
avowed purpose of extending slavery into the territory, even 
though it did not change the result of the election, was a crime of 
great magnitude. Its immediate effect was to further excite the 
people of the Northern States, induce acts of retaliation, and 
exasperate the actual settlers against their neighbors in Mis- 
souri." 

This was the second invasion, and in it upwards of seventeen 
hundred men marched from Missouri into the territory and voted. 
Whitfield, by deceiving the settlers as to his true position, suc- 
ceeded in getting a majority of all the legal votes ; but, as this 
had evidently not been expected, his vote from Missouri would 
have elected him by upwards of six hundred majority, if he had 
not got a vote from the territory. 

This election was a systematic plot on the part of Missouri. 
Unable to realize Nimrod Whitfield's skill in ecettino; free-soil 
votes on false pretences, they determined that it should, in any 
event, be successful. The leading men of the State of Missouri 
were at the bottom of it. Atchison, then United States senator, 
and ex-vice-president of the United States, took an active part. 
Witness the following speech he made in Platte County, Mo., a 
few weeks before the election : 

" When you reside in one day's journey of the territory, and 
when your peace^ your quiet, and your property depend upon your 
action, you can, without an exertion, send ,five hundred of your 
young men who will vote in favor of your institutions. Should 
each county in the State of Missouri only do its duty, the question 
will be decided quietly and peaceably at the ballot-box. If we 
are defeated, then Missouri and the other Southern States will 
have shown themselves recreant to their interests, and will deserve 
their fate." 

Such was the tenor of his speech, which, throughout, violently 
inculcated the propriety of securing Kansas to slavery by the 
most reckless means. 

In order to show how far Whitfield had imposed on the free- 



44 THE CONQUEST OF KANSAS. 

state men who voted for him, I quote from a subsequent speech 
of his, when the motive for dissembling v/as removed. 

" We can recognize but two parties in the territory — the pro- 
slavery and the anti-slavery parties. If the citizens of Kansas 
want to live in this community at peace and feel at home, they 
must become pro-slavery men ; but if they want to live with gangs 
of thieves and robbers they must go with the abolition party. 
There can be no third party — no more than two issues — slavery 
and no slavery, in Kansas Territory." 

Such, indeed, was the true question, fiiirly stated, for such are, 
and have always been, the facts. The question was freedom and 
slavery, the parties were free-state and slave-state parties. They 
had been invited to try their respective claims on the virgin soil 
of Kansas, by the Kansas Nebraska bill, and the two parties thus 
created in Congress went fiercely to work. That slavery resorted 
to fraud and violence was certainly nothing new in its history. 
The idea of submitting it to an " honorable " and " moral " adjust- 
ment was absurd, and the pro-slavery propagandists kneio it 
was, and took the field with the kind of weapons that would 
succeed. 

At that election Judge Leonard from Buchanan County, and 
another judge from Cass County, led on and directed parties of 
these invaders. There is reason to believe that Atchison himself 
led one party. Colonel John Scott, the city attorney at St. Jo- 
seph, Mo., acted as judge of the election ; and at all of the pre- 
cincts, and wdth all of the parties, leading and influential men 
from Missouri, men who might to have been respectable, figured 
pretty largely. 

While policy led the chiefs, whiskey inspired the rank and file. 
The former had led the latter to do an act of reckless and unscru- 
pulous wickedness, in which they villanously trampled under their 
feet the rights of their fellow American citizens, — rights which 
ought to be dear to every American heart, and sacred ; for he 
who violently despoils a fellow-citizen of these rights hazards his 
own. 

The invasion and voting resulted from the pro-slavery sentiment ; 
its system, to a secret organization that was formed immediately 



GOV. REEDER — FIRST ELECTION — BLUE LODGE. 45 

after the passage of the Kansas-Nebraska bill. We have read 
with shuddering horror the history of the Assassins ; and in the 
reckless and mysterious career of the secret order who obeyed the 
behests of the " Sheik el Jebal," we did not expect to find a pro- 
totype in a similar organization in Western Missouri, acting under 
the orders of a power far more potent, and not less corrupt, than 
was the " Old Man of the Mountain." In the secret tribunal of 
Westphalia we can recognize a dangerous and improper concentra- 
tion of irresponsible power ; still, in ^t we discern something like 
an object for good, perverted though it may have been. But in 
the Blue Lodge of Western Missouri we discover no redeeming 
trait, no mitigating circumstance. It was created to extend 
human slavery over soil hitherto uncursed by such a foe to good 
morals and republicanism. Its present and express object was to 
make Kansas a slave state, but it contemplated the introduction 
of slavery into all the national territory. It contemplated violence 
and the probable murder that would flow from it. At its secret 
meeting, men, not only in Kansas, but in Missouri, were " spotted," 
when their words or deeds rendered their position objectionable to 
these men. But the following extract from the report of the con- 
gressional committee explains its objects and character. 

" It was known by different names, such as " Social Band," 
" Friends' Society," " Blue Lodge," " The Sons of the South." 
Its members were bound together by secret oaths, and they had 
passwords, signs, and grips, by which they were known to each 
other. Penalties were imposed for violating the rules and secrets 
of the order. Written minutes were kept of the proceedings of 
the lodges, and the different lodges were connected together by 
an effective organization. It embraced great numbers of the 
citizens of Missouri, and was extended into other slave states and 
into the territory. Its avowed purpose was not only to extend 
slavery into Kansas, but also into other territory of the United 
States, and to form a union of all the friends of that institution. 
Its plan of operating was to organize and send men to vote at the 
elections in the territory, to collect money to pay their expenses, 
and, if necessary, to protect them in voting. It also proposed to 
induce pro-slavery men to emigrate into the territory, to aid and 



46 THE CONQUEST OF KANSAS. 

sustain them while there, and to elect none to office but those 
friendly to their views. This dangerous society was controlled by 
men who avowed their purpose to extend slavery into the territory 
at all hazards, and was altogether the most effective instrument in 
organizing the subsequent armed invasions and forays. In its 
lodges in Missouri the affairs of Kansas were discussed, the force 
necessary to control the election was divided into bands, and 
leaders selected, means were collected, and signs and badges were 
agreed upon. While the great body of the actual settlers of the 
territory were relying upon the rights secured to them by the 
organic law, and had formed no organization or combination what- 
ever, even of a party character, this conspiracy against their 
rights was gathering strength in a neighboring state, and would 
have been sufficient at their first election to have overpowered 
them, if they had been united to a man." 

How reckless this power has been, how villanous and unscru- 
pulous in waging war on the people of Kansas, this history will 
show. There is one phase of its despotism, however, which we 
are apt to overlook. It is a monstrous iniquity in Missouri. 
Although IMissouri is a slave state, slavery is chiefly to be found 
in a few counties, and even there the large majority of the white 
men are not slave owners. They are men who have come from 
all states of the Union, some of them enterprising business men, 
who, in advancing their private interests, have still a reasonable 
pride in those liberties and privileges guaranteed to them by the 
constitution, and bought by the blood of the early patriots. 

But freedom of speech is suppressed as thoroughly as ever it was 
in the despotic days of the Inquisition. Not only is the subject 
of slavery itself interdicted, but all opinions growing out of it, or 
that might haply endanger it, are forbidden. To such a strict 
rule as this, a money-making, conservative man might reconcile 
himself; and if his principles and impulses are properly under 
the control of his prudence and his pocket, this suppressio veri 
is, at least, not felt to be a burden. But this secret organiza- 
tion compels a more irksome service. Here the slave power 
requires not only passive obedience, but active support. An elec- 
tion is to be carried, and if there is not a sufficient number of 



GOV. REEDER — FIRST ELECTION — BLUE LODGE. 47 

rowdies to engage in it, from a natural love of mischief, and an 
acquired love of liquor, why, more respectable men must go. 
And if they do not go, they must at least pay the expenses of those 
who do. 

How many worthy men do you suppose, dear reader, have been 
thus compelled to bolster a system they despise? Ah, that 
society has ruthlessly trampled on human rights in Missouri as 
well as in Kansas ! Men who, in their " heart of hearts," regarded 
slavery as an evil and a corrupt political system, who deplored 
the existence of this corrupt secret society, and whose every instinct 
was against its lawless action, have been compelled to sustain it. 
Not a whisper must be breathed against this cruel taxation, or else 
the luckless wight, whose love of principle (or parsimony) made 
him object, would be subjected to a loss of caste, to which the 
condition of an Indian Pariah is a happy one. 

The following speech, delivered by General Stringfellow, in St. 
Joseph, Missouri, at a public meeting where he was sustained and 
endorsed, will tell something of the story. 

" I tell you to mark every scoundrel among you who is the least 
tainted with abolitionism or free-soilism, and exterminate him. 
Neither give nor take quarter from the d — d rascals. I propose 
to mark them in this house, and on the present occasion, so you 
may crush them out. To those who have qualms of* conscience as 
to violating laws, state or national, the time has come when such 
impositions must be disregarded, as your rights and property are in 
danger. I advise you, one and all, to enter every election district 
in Kansas, in defiance of Reeder and his vile myrmidons, and vote 
at the point of the bowie-knife and revolver. Neither give nor 
take quarter, as the cause demands it. It is enough that the 
slave-holding interest wills it, from which there is no appeal." 

We have been in IMissouri often enough to learn that this is no 
empty threat. It is a rod held in terrorem over the heads of the 
suspected. Are you " sound on the Goose Question?" may be a 
query at which an Eastern or Northern man would smile, but it 
has had a fearful significance applied in Western Missouri. 

Many an honorable mind has had to conceal and crush out an 
honest conviction thus. Did ever you feel a glow of indignation 



48 THE CONQUEST OF KANSAS. 

as you read of the slavery of opinion, of the press, and of speech, 
in France and Austria? I tell you the veriest tyrant in Europe 
dare not exercise so fearful and despotic control over opinion 
as the Blue Lodfije of Missouri has done. If a man whose heart 
is good enough to condemn this violence and fraud is timid, as the 
majority of business men are, and must he^ he dissembles. If he 
be positively cowardly, he affects to approve ; and if to his cow- 
ardice he adds a little corruption and selfishness, he vindicates his 
own purity from such vile charges by denouncing others, and 
abusing " abolitionists " generally ; with little knowledge, and not 
the slightest regard for what the term means. If a man in such 
circumstances be an aspirant for ofiice, he is slavish in his submis- 
sion, and makes himself the humblest tool of such rascality. He 
knows that those who entertain more liberal and nobler senti- 
ments are easy and short-sighted, and will overlook such treason 
against their holiest interests ; and he knows that the Blue Lodge 
and the slaveocracy, of which it is merely a weapon, never for- 
gives ; never overlooks its ruthless policy ; never, in all its vile- 
ness, is false to itself Therefore, every office-seeker in such 
circumstances is corrupted to be the tool of a thing so base as this. 
Instead of standing prominent amongst his fellow-men, as one with 
whom nobleness and true goodness would ever be sacred — a 
standard-bearer of pure republicanism and social morals — he is 
degraded into the abject servitude of this monstrous power. 

The character of the Blue Lodge of Western Missouri may be 
illustrated by some of the testimony taken before the commission 
of Congress. Stringfellow, the Speaker of the Bogus Legislature, 
admitted enough to give a pretty clear indication of its character, 
although he refused to answer many of the most important ques- 
tions, and labored to give a fiilse color to the testimony. 

Gen. Ptichardson, Major-General of the Kansas militia, when 
asked if he knew of the existence of a secret society, or Blue 
Lodge, replied, 

" I decline to answer that question." 

" Are you a member of such society ? " 

" I decline answering that question." 

And so he answered to a series of questions propounded by Mr. 



GOV. REEDER — FIRST ELECTION — BLUE LODGE. 49 

Sherman ; only answering one of them, which was put so adroitly 
that he was afraid to reply as he had done to the other questions ; 
so he admitted in that answer that he did know of such society. 
To the last question, " Do you know of any regulation of such 
society relative to testimony to be given or taken before this com- 
mittee ? " he replied, 

" I also decline to answer that question. It could only have 
originated in a mind capable of such a mean act itself." 

Not very direct as an answer, but exhibiting the fierceness 
and insolence of this organization, even towards the highest au- 
thority in the land. 

By the testimony of a Mr. Davidson, all the particulars of this 
association were obtained ; but the most interesting testimony was 
that of a young man of the name of Prince. ' 

He had removed from Missouri to the territory recently ; and 
in his testimony told how he had been up with a party of some 
two hundred Missourians to the first election, who voted at a pre- 
cinct in the south part of the territory. 

He was a young man, not more than five or six and twenty. 
His face was ingenuous, and displayed a fair degree of intelli- 
gence. He was quiet and reserved, and when put on the witness 
stand had to be questioned on every point ; although, when asked 
what he knew about any occurrence, told frankly all he knew in 
as plain and simple a manner as possible. He kept back nothing, 
dissembled nothing, took no pains to color his testimony, but vol- 
unteered nothing. 

Mr. Howard asked him if he ever had been back to the territory 
to vote after that first time ; and he replied " No," with an em- 
phatic manner that clearly showed how he regarded it noiv. 

"Witness," said the cold, inflexible Mr. Howard, — and he bent 
forward as he spoke, while his gray eye began to kindle till it 
animated the deep, stern lines of his face, — "Witness, do you 
know of a secret society, existing in Missouri or elsewhere, known 
as the Blue Lodge, or by any other name, that contemplates 
interference in the affairs of Kansas?" 

The witness colored up over the temples, and then he grew pale 
and hung his head. The conflicting emotions of a mind possessing 
5 



50 THE CONQUEST OF KANSAS. 

a fair share of sincerity, and some troubled visions on its mental 
retina of things past and wished-to-be-forgotten, were tracing 
themselves on that young man's face. Little did he think that 
one of the most skilful lawyers in the North-west was carefully 
reading it. 

" Well, witness," resumed Howard, slowly and calmly, "you 
said that you had never gone into the territory but once ; we want 
to know what induced you to go that time." 

" Well, — the others were going — I — " and the young man 
raised his face as if to collect his ideas, but as he encountered 
that steady, penetrating glance, his eyes fell again. 

" Witness, are you sure that some such society did not induce 
you thus to go into the territory ? I gather from your language 
and your manner that you do not approve of it, — that you kivno 
it was a loroncj ; why did you do it ? Those who ask have a 
right to know." 

" Well," stammered the witness, " I have many friends in Mis- 
souri. I have some relatives there. Some of the best friends I 
have are there. I do not wish to say anything that would offend 
them. When I went into the territory to vote, I did not think 
much about it, — nearly everybody was going. I was asked by 
some of the best friends I had to go. Some of the most influen- 
tial and resjjectable men in Cass County asked me to go." 

" Witness," resumed Mr. Howard, and his eye, and the point of 
every feature in his thin, attenuated face, looked an inexorable 
judge, and the words '.'Thou surely wouldsfc not prevaricate" were 
written as plainly and legibly on every feature of that face as if 
they had been placed there in letters of gold, — " Witness, do you 
then mean to say that you were not influenced in your conduct by 
any such society as I have asked you about?" 

The witness was deeply moved. I almost fancied I saw a tear 
glisten for a moment in the corner of his eye ; but I must have 
been mistaken, for by an effort he raised his face, and, fixing it on 
Mr. Howard with an expression, at least as earnest and question- 
ing, if not so profound, he said, 

" There 's one thing I want to know of you, and I hope you 
will tell me frankly, and just as you would if you were in my 



GOV. REEDER — FIRST ELECTION — BLUE LODGE. 51 

place. If jou were here on oath, sworn to tell all you know, 
and the judge was to ask you to tell something that you have 
sworn solemnly on your honor not to reveal — how would you act? 
If," — and the young man gained momentary courage, and 
warmed as he spoke, — " if you have to tell a lie, or forswear 
yourself either by answering or by not answering, might you not 
lie or forswear yourself as well one way as another ? " 

This was an intricate and delicate point in ethics ; but neither 
the interrogatory of the young man, his earnestness, nor the 
dilemma, moved a m.uscle of the intellectually earnest but calm 
face before him. Howard spoke : 

" I can readily comprehend the difficulty that presents itself to 
your mind ; but, however sincere — and I do not doubt your sin- 
cerity — you suffer yourself to be misled. We understand that 
you have taken obligations that preclude, on your part, the per- 
formance of a duty which you, and every man, ov/es society. If 
— and we can only understand your embarrassment so — you 
have joined such an organization and been influenced by it, if you 
have taken oaths and obligations, it must have been at the hands 
of a person not qualified to administer an oath, and who, there- 
fore, could not administer an oath, and did not really place you 
under the obligation which an oath is supposed to impose. It 
may be regarded that a promise is as sacred a thing as an oath ; 
and in many senses it is and ought to be; bat when a promise has 
been extorted by deception and conspiracy, when such a promise 
places an individual in a situation where he finds he cannot hon- 
orably stay, such a promise would have no binding effect to keep 
him there. If — as we suppose — you have belonged to such a 
society, and have thus unwittingly leagued yourself with a body 
of men, warring against the best interests of society, we presume 
you have been betrayed into the criminal connection, and that 
you have left it when you have ascertained its true character. I 
can understand why you would hesitate to reveal what you may 
have promised to keep secret, even there ; but this does not ex- 
cuse you from the solemn duty you owe society ; nor can this 
committee excuse you. We have no disposition to be hard with 
you ; but we are engaged in a serious duty, which we would rather 



52 THE CONQUEST OF KANSAS. 

that you sliould perceive and feel. We have ah'eady gained full 
particulars of this organization from those who have belonged to 
it ; but it is necessary that we should also have the information 
we believe you to possess. If you have reluctance about men- 
tionino- the names of the officers or members of such organization, 
we will not insist on them ; and should you feel you cannot give 
us the passwords and the signs, or reveal the secret means of 
communication, although we should desire that you state all fully 
and frankly, still we will not be hard on you even there ; but the 
existence and general character of this organization, its action on 
society, and especially on the territory, with ail of such a charac- 
ter as you may know, we shall insist wponP 

We enter into no discussion on the nice logical subtilties of this 
argument ; suffice it to say, that the will of the strong man tri- 
umphed. The young man was broken and subdued. Not all at 
once, or prostrated by this single blow ; but under it he began a 
revelation which had no backward course. Each step in the elab- 
orate process threw him more completely into the hands of his 
skilful adversary, — for while the kindest feeling and confidence 
were expressed, it was an intellectual warfare. Step by step he 
revealed the character of that hideous system. To one or two 
of the hardest questions he demurred ; and when Howard urged, 
he plead he " had friends in Missouri, and his business often led 
him through it." 

" Would your answer involve you in personal danger ? " 

" Well," — hesitating and faltering, — " it might.'' He " had 
friends in Missouri, and must often pass through it." 

Reader, when you peruse this, esteem his nice sense of honor 
and honesty, a'nd thank Providence if you have no friends in Mis- 
souri. 



CHAPTER IV. 

SMART ELECTIONEERING — THE "INSTITUTION" ESTAB- 
LISHED — ITS ADVANTAGES — REEDER URGED TO CALL 
THE LEGISLATURE. 

There was one clever electioneering trick at this election 
which is too good to be lost. Whitfield being an Indian agent, it 
was reported that he was going to muster a lot of the different 
tribes to vote for him ; and, in point of fact, he did receive some- 
thing of a "Native American" vote in this way. Under such 
circumstances, the Flennikenites felt very sore that they should be 
out-generaled after such a fashion. Had the "great unterrified,'- 
from whom they hailed, not been celebrated for good management 
in elections, from time immemorial? Should they not have a 
finger in such a pretty pie as this ? Besides, were not the In- 
dians, as a body, free-state men ? and on the eve of the election 
Flenniken was a moderately good free-state man. As speci- 
mens, many of the Indians were certainly in a very free state, 
and, all in all, it was a very pretty opening. 

So, at least, thought a zealous disciple of Flenniken, who 
revolved these, matters over and over, and had come to the 
conclusion that "things was workin'." It was the eve before the 
election ere his thoughts matured and fructified. They were 
brought to the decisive point by observing that a majority of the 
free-soilers of Lawrence were going for Judge Wakefield ; for, al- 
though many leading men had confidence in the position of Flen- 
niken, still the larger number regarded his antecedents as suspi- 
cious, and his present position as at least equivocal. 

As morning broke on that 29th of November, in the year of 
grace 'Fifty-four, this zealous politician, after a brief but anxious 
5* 



54 THE CONQUEST OF KANSAS. 

investigation of matters, determined that his services in the cause 
of abstract Democracy could be employed more servi^ceably in 
another field ; so, mounting a horse, and crossing the Kaw at a 
ford, where his pony was so much submerged that he had to hold 
his feet higher than his principles, prepared to enter the Delaware 
reserve. He had learned that the Delawares were free-state men ; 
and that they were favorably disposed towards other settlers than 
the Missourians, he had reason to believe. He had heard a 
snecimen of these " brave Delawares " discoursing on the subject 
once before. This worthy, in addition to a semi-civilized cos- 
tume, rejoiced in the possession of a scarlet blanket, a bead belt, 
and stolen honors of a white rooster's tail dangling at the back 
of a G-eneral Taylor hat ; and expressed himself thus : 

" Good man — heap — Yankee town. Missouri — slave-man, 
— bad — heap — heap ! — d — n um ! " 

This was satisfactory. 

Did you ever attempt to negotiate with an Indian ? If you 
have not, don't. It is disagreeable, besides being of no use. 
When they take a notion to do anything, they generally do it; 
but as for persuading them — well, preaching moderation to 
border ruffians, or pig-driving, are, either of them, a joke to it. 
They have a very moderate faith in the disinterestedness of white 
men, and the more anxious a man is to persuade them to any 
course, they are more suspicious. As Mr. Wellcr would say, 
they take him for one of the "advice gratis" sort; and, in good 
sooth, they are not far from right. 

Our friend, the politician, had some trouble in getting an 
auditory. The first Indian he met was riding over the prairie, 
and, hailing him, he gave chase. The Indian did not seem to 
relish this movement, for he could not comprehend the spontane- 
ous and sudden growth of a politician's afiection. He halted, 
however, and, staring suspiciously at our friend, replied to all of 
his interrogatories, 

" IIu — umph ! " 

He had acquired a little English, it turned out, and, when 
closely questioned, disbursed his stock in trade, consisting of two 
words, in an objurgatory and interjectional way. 



SMART ELECTIONEERING. 55 

'' Hell-fire ! d— nation ! " 

" 'T was his only stock and store, 
Only that, and nothing more." 

Talking politics with such a man was hopeless. Half the efibrt 
would soften all the " Plards," and harden all the " Softs." He 
rode on, and betimes met another. In the former case he had 
dived right into politics at once ; but now he determined to use 
some policy. This individual was more accomplished. After the 
salutatory 

" How ! how ? " 

There was an interesting pause, broken by our friend asking the 
way to St. Leavenworth. This was plausible ; but the Delaware 
shook his head. 

*' Miles — miles — many ? " quoth our friend ; and he held up 
the digits of one hand, and began, in dummy style, to count them 
with the forefinger of the other. 

The Indian eyed the process with careful attention. He 
understood it, and grunted out, 

*' Hoondred." 

lie knew that he could not then be more than twenty-five from 
it, and the politician shook his head, and said, 

" No, no ; not so many." 

The Indian again eyed him, and, in a true compromise spirit, 
gutturalized, 

" Fifty." 

Still our friend was dissatisfied, and shook his head. 

The Delaware was accommodating. In imitation of his interro- 
gator, he raised the digits of his own tawny hand, and said, 

" Ten, may be.*' 

This at least showed an obliging spirit ; and, preliminaries being 
thus opened, our friend began a discourse on the proprietj'^ of the 
Indians voting in general, and Flenniken politics in particular. 
The Indian sat on his horse and listened with a stolid look. To 
the assurance that " Flenniken was a good man," he drawled 
out a 

" Y-e-e-e-s," 



56 THE CONQUEST OF KANSAS. 

Though it was probable that he had never heard of him. 
To the query, " Would he vote ? " he, after the question had been 
propounded a few times, responded, 

" May be." 

As he showed no disposition to reduce this compliance to effect, 
our politician left him in disgust. But the fates were more pro- 
pitious. He next stumbled on an Indian house, where there were 
about a dozen Indians congregated. Some of the chiefs were 
there, and a few could talk English very well. It was a double, 
hewed log house, with a covered hall or opening between, and a 
porch running the whole length. Occasionally he could see a 
squaw diving in and out of the recesses of one of the buildings, 
and the pappooses with gravely antiquated faces, for such diminu- 
tive specimens, peered at him from under their straight, candle- 
wicky hair. 

As our politician approached the group clustered in the porch, 
he felt that " now or never " was the time to gather " the noble 
sons of the forest," the brave " Aborigines of America," into the 
fold of the faithful Democracy. 

Explanation was not difficult ; they listened attentively, and 
seemed to approve. Several of those who could, expressed their 
full concurrence. He waxed eloquent. " The Indians ought to 
vote." " They had a rigid to vote." Their " party was the 
great Democratic party, and recognized that rights " In fact, 
this was one of the best chances the Indians ever would have to 
secure it." " By putting them in power, the thing would be as 
good as doneJ'' To all of which they grunted Yes, or in other 
ways expressed" their full and hearty approval. 

Having disposed of " general principles," our friend proceeded 
to details. " If it was right to vote, it was right to do it now,^'' 
This was, indeed, " the appointed time." "They would be per- 
mitted to vote," and he had just come over to invite them, and 
wanted them to raise all they could, and go over with him that 
afternoon, and " he would see them throudi." The Indians c;ot 
by themselves, and sat down to consult ; an unnecessary precau- 
tion, by the by, for our friend was guiltless of " heathen tongue," 
and had experienced his ignorance of the language that day to his 



SMART ELECTIONEEllINa. 57 

sorrow. The cldef, or head man, who happened to be present, 
was a large, tat fellow, who "spoke English with a sli(/hily Indinn 
accent." Our friend watched the progress of the " talk " with 
profound interest. As a patriot, he felt that he had done his 
duty, and that, perchance, the fate of empires was big with his 
eiforts. 

Indians, as I have suggested, are not remarkably rapid in tiieir 
operations. They have a moderation like Job's, and far dis- 
tancing those who may be waiting on tlieui. Our politician 
walked backward and forward impatiently, turning now and then 
an inquiring glance towards the deliberative group, pondered on 
passing time. 

The day went on apace. Our politician knew that precious 
hours were passing by. He wanted to see theso Indians scatter 
out, and, with a slogan cry, gather in the many hundred Dela- 
wares he had heard about ; but he knew it must be, of necessity, 
a matter of time, and he was anxious to see them at work, so as 
to be in time to vote that evening. 

The Indians kept muttering away in a guttural undertone, and 
it was iiupossible to ascertain the precise progress they had made. 
To vary the thing, an old Indian, with a handkerchief tied round 
his head, and rather an outre appearance, who appeared to be 
half stupid, and more than half drunk, interspersed the exercises 
with a song. He had not been permitted or had declined to take 
part in the " talk." His song was not exactly an electioneering 
song, and I am not sure that it was even patriotic. He leaned 
over, where he sat, and, swaying his body uneasily backwards and 
forwards, sung about as follows : 

" He-ah haw-haw-haw, he-ah haw-haw -haw, 
Ho-ah hee-hee-hceah, hc-ah haw-haw-haw, 
Ile-ah hum-hum-humah, he-ah hum-hum-hum," — 

" with variations." 

Our politician lost patience, and intimated to the conclave that 
" time was up." This roused the venerable chief, who, after a few 
minutes more of hurried " talk," rose, and, standing before our 
expectant friend, pointed with the forefinger of his right hand 
into the palm of the left, moved it as he spoke, and tapped that 



58 THE CONQUEST OF KANSAS. 

palm with it in gesticulating precision, as he gave the rosuit of 
their collective wisdom, thus : 

" Tinkum four days — den vote heap — heapum ! — sometime 
— may be." 

Our friend broke in despair, and hurried back to be in time to 
vote himself. Should the reader know of a man in his neighborhood 
who is a public affliction on account of his electioneering propen- 
sities, get him to come out and electioneer amongst the Kaws and 
Kickapoos and Delawares. It is an infallible remedy. 



I have said that slavery had been introduced to the territory 
even while the Missouri restriction prohibited it ; it was also 
formally recognized some time before it was established by the 
Bogus Laws imposed on the territory by Missouri. The follow- 
ing is a resolution adopted by a meeting held in the territory, but 
composed chiefly of Missourians, which is contained in the tes- 
timony of the committee on the subject : 

" Resolved, That the institution of slavery is known and recog- 
nized in this territory ; that we repel the doctrine that it is a 
moral and political evil, and we hurl back with scorn upon its 
slanderous authors the charge of inhumanity ; and we warn all 
persons not to come to our peaceful firesides to slander us, and 
sow the seeds of discord between the master and the servant ; for, 
as much as we deprecate the necessity to which we may be driven, 
we cannot be responsible for the consequences." 

A committee of vigilance of thirty men was appointed " to 
observe and report all such persons as shall =)^ ^ =^ by the 
expression of abolition sentiments produce disturbance to the 
quiet of the citizens, or danger to their domestic relations ; and 
all such persons, so offending, shall be notified, and made to leave 
the territory." 

The meeting was " ably and eloquently addressed by Judge 
Lecompte, Col. J. N. Burns of Western Missouri, and others." 
Thus, the head of the judiciary in the territory not only assisted 
at a public and bitterly partisan meeting, whose direct tendency 
was to produce violence and disorder, but before any law is 
passed in the territory he prejudges the character of the domes- 



THE INSTITUTION ESTABLLSllED. 59 

tic institutions, which the people of the territory were, by their 
organic law, "left perfectly free to form and regulate in their own 
way." 

Another meeting, held about the same time, in Joseph, Missouri, 
formed a branch of the association formed in the western part of 
that state, to sustain and carry out in public the same thing that the 
Blue Lodffc was working; for in secret. The followinf]; are tw^o of 
the series of resolutions adopted at that meeting : 

" We do not regard slavery, as it exists in our country, as 
either a moral or political evil." 
And also, 

" We are in favor of the extension of negro slavery into Kan- 
sas Territory." 

Thus was slavery admitted into the Territory of Kansas, — ter- 
ritory which had been sacredly guaranteed as free soil. One of the 
judges of the Supreme Court — Judge Elmore — took a consider- 
able number of slaves with him into the territory, and has always 
been one of its strong and active champions, although he is a gen- 
tleman, and has not participated in any violent movement, merely 
laboring to secure and take advantage of the lawless efforts of 
more unscrupulous men. 

Every effort was made in Missouri, and amongst the few pro- 
slavery men in the territory, to bolster this system. The Missouri 
press on the frontier devoted itself almost exclusively to the work. 
Fierce and incendiary resolutions, threats of lawless violence, 
and a wild denunciation of all who refused their aid to the work, 
characterized the press of Western Missouri. 

But the most amusing thing connected with this literary war- 
fare in the cause, was an elaborate and audacious apology, pen- 
ned or claimed by Stringfellow. The annexed is one of the most 
atrocious portions of this singular and atrocious paper : 

" Negro slavery has a further effect on the character of the 
white woman, which should commend the histitution to all who 
love the white race more than they do the negro. It is a shield 
to the virtue of the white woman. 

" So loner as man is lewd, woman will be his victim. Those 
who are forced to occupy a menial position have ever been, will 



60 THE CONQUEST OF KAA'SA;S. 

ever be, the most tempted, least protected. This is one of tiie 
evils of slavery. It attends all who are iu that condition, from 
the beautiful Circassian to the sable daughter of Africa. While 
we admit the selfishness of the sentiment, we are free to declare we 
love the white woman so much, we would save her even at the 
sacrifice of the negro ; would throw around her every shield to 
keep her out of the way of temptation." 

It would seem almost incredible that a community could be so 
degraded as to issue and tolerate such monstrosity. It proves 
not only the low state into which society has sunk, but the reckless 
and unprincipled character of those engaged in this pro-slavery 
warfare. We do not know how the ladies of the slave states will 
regard this excessive consideration. They certainly must appre- 
ciate very highly a " love " so Platonic. This delicate sensibility 
is certainly the most chivalrous thing we ever heard of. Its 
safeguards to morality are of the most patent kind. It introduces 
a new school of morals, which it is a pity that the eminent phi- 
losophers of former days did not survive to contemplate. The 
only wonder is that the philosopher did not carry his deductions 
further. It certainly might be urged to be as great a remedy for 
matrimony. Professor Stringfellow has stopped short in the mid- 
dle of his conclusions, although we incline to the opinion that his 
system, if carried into practical effect, would not. 

The candid admission of " selfishness," in the second paragraph, 
is delightfully refreshing. Taken in connection with what pre- 
cedes it, it certainly is the coolest piece of impudence of which we 
have ever heard. 

A slight acquaintance with the characters of those with whom 
this doctrine is in favor, clearly explains its hidden meaning, and 
exposes the true intent and significance of this apology. 

Shortly after the arrival of Gov. Reeder, he was waited upon 
by the pro-slavery men and Missourians, and urged to call an 
election for the territorial legislature at once. As this was evi- 
dently a movement to thrust forward matters of the greatest im- 
portance. Gov. lleeder declined to act on such suggestion. He 
saw very clearly from what quarter this efibrt to forestall action 



REEDEll URGED TO CALL THE LEGLSLATURE. 61 

came, and, fearing that there was no power in the territory to 
secure a fair and impartial expression of popular sentiment, he 
put the threatened evil day afar off, in hopes that " something 
would turn uj)." 

Lynchings and scenes of violence of various kinds were of fre- 
quent recurrence. A man dared not express himself as a free-, 
state man in some communities, without subjecting himself to in- 
sult or violent assault. Every one who was not a slavery exteii- 
sionist was styled an " abolitionist," and, in spite of the protest 
of many sensitive free-state men, this distinction was insisted on ; 
and it was argued that all who were not for slavery and slavery- 
extension were against it, and erfjo all who were against it were 
" abolitionists." 

The distinction between establishing and abolishing slavery does 
not appear to be understood, or is at least ignored. Those who 
are engaged in the work of slavery extension have resorted to 
expedients a great deal worse than that. 

The following morsel from the Atchison Squatter Sovereign 
will illustrate the manner in which these outrages were received, 
and the unblushing manner in which they are publicly chronicled. 
The *' difficulty " alluded to was a gross assault on a man who 
had merely avowed free -state sentiments. 

" Monday of last week a fight came off at Doniphan, K. T., in 
which bowie-knives were used freely. The difficulty arose out of 
a political discussion, the combatants being a pro-slavery man and 
a free-soiler. Both parties were badly cut, and we are Jiappy to 
state that the free-soiler is in a fair way to ' peg out,' while the 
pro-slavery man is out and ready for another tilt. Kansas is a 
hard road for free-soilers to travel." 

That such modes of justifying viilany of this kind should be 
exposed by an intelligent and independent press, was to be ex- 
pected. The manner in which such a course was vindicated from 
such attacks is equally characteristic. We clip again from the 
organ of pro-slavery and nullification : 

" We can tell the impertinent scoundrels of the Tribune that 
they may exhaust an ocean of ink, their Emigrant Aid Societies 
6 



62 THE CONQUEST OF KANSAS. 

speud their millions and billions, their representntives in Congress 
.spout their heretical theories till doomsday, and his Excellency 
Franklin Pierce appoint abolitionist after free-soiler as our gov- 
ernor, yet we will continue to lynch and hanc/^ to tar and feather 
and drown every white-livered abolitionist who dares to pollute 
our soil." 



CHAPTER V. 

THE MARCH ELECTION. 

From the day of the passage of the Nebraska Bill settlors had 
been hurrying into the territory. In spite of all the noise made 
about the " Yankees taking Kansas," the great bulk of the emi- 
gration came from the Western States. Missouri herself contrib- 
uted more than an equal portion of settlers, as might be expected ; 
and, what is noteworthy, more than half of those very settlers 
from Missouri were either free-state men when they came, or 
became so shortly afterwards. It is not remarkable that the 
poor people of the slave states should have little sympathy with 
slavery. Not only their interests, but their dignity and their civil 
rights, are compromised by it; and, although prejudice, and an 
habitual yielding to fear, may have made them pro-slavery men 
of some sort, as a general thing they have only to be removed 
from the influence of leading and wealthy slave-holding men to 
ignore the institution. Thus has it been in the territory. Where 
a slave-owner has settled, and formed a settlement or cluster 
round him chiefly of poor, men from slave states, they have in most 
instances succeeded in retaining these men in the same subjection 
to their interests to which they have been compelled to submit in 
Missouri. What few pro-slavery towns there are in the territory 
have been made and sustained in this way. These are generally 
well supplied with whiskey-shops. The " treating " system always 
flourishes. It is the same degrading S3\stem that unhappily pre- 
vails in too many places in the South-west, and which degrades the 
manhood which ought to dignify a republican, be he ever so poor. 
Wherever the elective franchise is bought and sold with whisk^v 



64 THE CONQUEST OP KANSAS. 

we need bo at no loss to determine the exercise of the political 
power thus obtaiuod. So important an element has whiskey been 
in tlie crusade of the slavery-propaganda against Kansas, that the 
scarcity and stoppage of supplies of this article have had the most 
f:ital effect on several important expeditions against the territory. 
In this -warfare it has, indeed, taken the precedence of other 
explosives. Of course, much of the deepest villany has been per- 
petrated by scoundrels of the lowest caste, many of whom had 
congregated on the border; but man}- men of a better class, or at 
least not so degraded, have, by a liberal distribution of whiskey, 
and a little palaver from some influential slaveholder, taken part 
in enterprises which, in their better moments, they w^ould con- 
demn and deplore. 

Iowa sent many settlers into the territory ; but these were all 
free-state men. Many came from Illinois, Indiana, Ohio, Wis- 
consin, and other states. There were, indeed, many New England- 
ers — more than ever came to settle a new territory. In some 
settlements they greatly preponderated ; and these communities 
were generally characterized by a greater degree of intelligence 
and enterprise than has ever marked so young a settlement be- 
fore. 

Even the settlers from the Western States were of a better class 
than those who generally form the pioneers. In other Western 
States the pioneers were mostly of a peculiar sort. Grood enough 
men in their way, of the Davy Crocket school ; but, under favor- 
able circumstances, it would take about three generations to bring 
them to a condition that Eastern people would pronounce " en- 
lightened," and Western people " crotchety." The pioneers were 
usually men who could not stay in densely-settled countries. Like 
the bees, they kept hovering between the Indians and civilization. 
They had no " elbow-room " when settlers got within a mile of 
them. Deer-hunting was with them a science, coon-hunting a 
purely business affair ; and the skins of these animals, and soft- 
soap, or hoop-poles, the usual currency, and a "legal tender." 
Schools with them were occasional, and very irregular ; books and 
papers of small repute. Religion they " got " as they would the 
measles ; and for the discussion of politics a bottle of whiskey 



THE MARCH ELECTION. 65 

was as essential as the speaker's mace iu the British House of 
Commons. 

These have haply " gone to Arkansas " or Texas, or located 
somewhere between the peaks of the llocky Mountains and their 
western base. Certainly very few of them have come to Kansas. 
You can tell by the fences, and look of the houses, and by a 
thousand other things, that an industrious and calculating people 
are here. Everything is new and in a transition state. The old 
class of pioneers would have their farms and houses perfect in one 
or two years at furthest, the process being simple ; but the class of 
settlers now in Kansas are going ahead, only beginning, and this 
transition stage will last forever. 

♦' Conservative " people, or selfish politicians, who like to accuse 
other people of difficulties, for the blame of which they do not 
wish to be responsible themselves, say that the " agitation sent a 
class of fanatics to the territory." The truth is, the noise and 
argument — "agitation," if you like the word — sent a class of 
thinkers to the territory, who are, of all others, the worst to 
manojje. Had the usual class of pioneers settled the country, 
the slave question could have been settled peaceably, with far less 
whiskey than it has taken to subdue it. The " agitation " has, 
therefore, been, in point of fact, " the^pause of troubled 

By the Kansas Nebraska bill the people of the territories were 
to elect representatives for a territorial legislature. This is a 
feature which has crept into our territorial management, created 
by the very nature of the case, and conceded because the most 
sacred rights of a republican people would otherwise be all taken 
from them when they went into a territory. A territorial govern- 
ment is something contradictory in our history. It is unknown to 
our constitution, and foreign to the spirit of our institutions. The 
system has grown up and been tolerated by necessity. The theory 
of our government is simply that it shall be formed by the people 
among whom it obtains; shall be dependent on them, and thus 
express the popular sentiment. A territorial government is some- 
thing very different from this, and it is so of necessity. The 
blunder, if there was any, lay in the acquirement of the territory 
6* 



66 THE CONQUEST OF KANSAS. 

at first. This has been done, however; and, judging from the 
popular feeling, it will be done again. 

Those who have honestly been led away by the " squatter sov- 
ereignty " dodge, wished to apply this same feature to the terri- 
tories. Douglas pretended this was the design of the bill ; but 
Douglas knew better. Had he been sincere, he would not have 
dared to frame a bill by which the executive of the territory and 
the judiciary were simply the appointees of the President, and, it 
might be, the tools of a faction. Taking the position he pretended 
to take, he would have known that this was a gross imposition on 
men's rights. Having framed an organic law for the people of 
the territory, — one restricting even the legislature which it allowed 
to be created, — it then provides for the appointment of the offi- 
cers to execute this law, and the judges and the courts to try 
offences under them, by a power outside of these people of the 
territory, foreign to them, and not responsible to them ; for the 
people of a territory are not even allowed to vote for President, 
or send anything but a delegate to Congress, who cannot vote. It 
should require no logic to show that there was not much sover- 
eignty of the people in this. The only feature' — a small and 
restricted boon — was, that they could, under provisions laid down 
by the organic law, elect men to a legislature who could make 
local laws under certain restrictions. Even then they had no 
security that these would be enforced or carried out. As in this 
instance of Kansas, it has proved that the other features of the 
organic act, allowing the President to appoint corrupt officers, have 
prevented the people from having any means of remedy against 
the abuse of that power on them, except in revolution. The ter- 
ritorial executive ought to have been willing, and, when it under- 
took the trust, also alle^ to protect the territory from the inva- 
sion by which the people's rights were violently wrested from 
them. In failing to do this it incurred all the guilt of the most 
absolute despotism, since it prevented the people from defending 
themselves by assuming to be the government. If the " squatter 
sovereignty " feature is a true system, we ought not to be under 
the control of the federal officers. If the people who happen to 
be in and community are to govern it, it would be wrong — despot- 



THE MARCH ELECTION. 67 

isi7i, in short — for any power outside of it to interfere with it. 
If " the people are to govern themselves," we have no business to 
govern even the Indians. 

Governments are not theories, but facts. We have territories, 
— perhaps it is the better policy that we should have, — and having, 
it is our duty to prescrve^the rights of the people who are in those 
territories. We assume their government ; having it, it is our duty 
to take care of them. Having introduced a feature foreign to our 
republican institutions, it is our duty, as the next best thing we can 
do, to make it conform to republicanism as much as possible. We 
would scarcely wish to allow some three or four irresponsible 
buccaneers to decide the future institutions and character of a 
great territory which was destined to form a component part of 
our great republic ; and yet squatter sovereignty would compel us 
to do this. We cannot escape the dilemma by fixing any number 
of settlers as a point where principle interferes in favor of their 
rights. At what point of- aggregation do men become capable of, 
and entitled to, self-government? We can neither escape the 
point nor its responsibility ! In the good providence of Grod, we 
have got wide and fertile territories; as a nation z^e oz^?i them. 
A despotism — a clear and decided case of despotism — or " na- 
tional sovereignty," or call it by any other name you like, that 
will express the requisite authority. Having this authority, it 
remains to be seen whether its exercise will prove us Tarquins or 
good rulers ; whether our sway be that of 

" Good Queca Bess, 
Or Bloody Mary ! " 

The most zealous advocate of " squatter sovereignty " we have 
ever seen was not in favor of admitting any new state that had 
not a republican constitution. And why not? If people have a 
right to govern themselves in all cases, they certainly have a right 
to choose the kind of government. To deny them this overturns 
their authority at the outset. The Congress of the United States, 
which is the most direct and legitimate arm of the national power, 
has the right to say what kind of state shall be added to the con- 
federacy. It has a right to see that no corrupt or injuaic-ious 



68 THE CONQUEST OF KANSAS. 

feature is permitted to disturb the happiness or mar the prosperity 
of the whole. If it has a right to do this in oiie point, it has a 
right to do it in all that in any way concerns the confederacy. 

Our general government is one of conceded rights ; our state 
governments rest on reserved rights. The general government has 
no authority to go beyond the conceded, and the states none to go 
out of the reserved rights. If the national compact is worth any- 
thing, it is worth that much. But there is a difiference between 
territories and states. A territory has conceded nothing and re- 
served nothing. It has no right to the advantage of a compact, for 
it is a party to no compact. A territory has no more right to or- 
ganize itself into a civil body, and thrust itself into the Union with 
all the evils and impolicy of slavery, or polj'gamy, or cannibalism, 
than she has with Russian autocratism ; even should the latter be a 
case of " general principles," and the former " local institutions." 
Neither would we be willing that she should set up independent of us. 
As a nation we claim to have authority over the national domain, 
and we suppose we mean to exercise it. We gained our authority 
over it, not by virtue of any principle, but by the sword ; and, if 
we mistake not, it has been held by the same tenure. We have this 
authority, and can only lose it in two ways : it may be taken 
from us, or we may relinquish it. We presume no one would 
relish the idea of its being taken from us. We cannot relinquish 
it without some act of our own, and that act would have to be 
something very different from the Kansas Nebraska bill. 

The most favorable view of our territorial government, as regards 
our republican institutions, that can be taken, is, that it is a part 
of the whole nation, and as the residents of the territory are a 
small minority, and the people of the states a large majority, there- 
fore the majority should rule. This is a very pleasant view of 
the case, but it does not amount to anything, and has also the 
disadvantage of being false. We ignore the proposition of a 
great central government, and if what we described could amount 
to anything, it would amount to that. The people of the territory 
are no more sovereigns possessing state rights than the people of 
the states are residents of the territory. The people of the states 
have their clearly defined rights and powers ; the people of the 



THE MARCH ELECTION. 69 

territory have their rights of preservation of life and property and 
happiness, which are guaranteed to United States citizens, wher- 
ever they are, throughout the world ; but they have, necessarily, 
no political power but such as Congress concedes to them. 

Of course, it is the true policy of the general government to 
respect the rights, all the rights claimed by American citizens, as 
far as it can. If the people in a territory, for instance, were to 
form a government for themselves, one that would make it a good 
member of the sisterhood of states, it would be the proper and 
true policy to admit her with that constitution, and allow the 
citizens of this independent state, thus created, the power to govern 
themselves, in compliance with the terms of the conceded compact. 
Nor does it appear to affect the case whether Congress shall or 
shall not have prescribed the mode of forming such a constitution. 
To insist on such a point would be a needless exercise of our 
despotic power. The moment that Congress is satisfied that a 
majority of these people have decided in favor of such an unob- 
jectionable form of state government, it will be conceded, by every 
honorable and correct mind, that it is their duty to restore them 
to'their rights as American citizens, — rights of which a fault, or 
fatality, in our history and policy, has deprived them ; that is, 
give them the government, if they are capable of sustaining it. 
We will thereby release ourselves of a burden, and place them in a 
position they ought to occupy. 

^Ve have been thus particular in placing the matter in what we 
deem its true light, in order that what follows may be more clearly 
understood. 

Governor Reeder caused a census to be taken, early in the sea- 
son of 1855 ; the list being taken between the 20th of January 
and the close of February. That census exhibited a population 
of 8,501 souls (this being exclusive of Indians). There were 5,128 
males, 3,373 females, and 3,469 minors. Of citizens of the 
United States there were 7,161 ; of foreign birth, 409. There were 
242 slaves, and 151 free negroes. There were only 2,905 voters 
in the territory when the census was taken, but, as the election 
occurred on the 30th of March, that population had considerably 
increased. 



70 THE CONQUEST OF KANSAS. 

GoYernor Reeder has been accused of favoring the Eastern 
emigration by waiting until that time. Had such a disposition 
existed on his part, it would have prompted him to defer the elec- 
tion at least a month later. By the 30th of March many spring 
emigrants from Missouri and the Western States could, and did^ 
get into the territory, while but very little of the Eastern emigra- 
tion got to the territory until later in the season. 

The frauds of the November election had awakened more visd- 

o 

lance in the free-state party. It was organized, and*had candidates 
in nearly all the precincts, and would have carried that election 
by a large majority, but for the invasion of a large army of 
armed voters. Not less than five thousand Missourians entered 
the territory. They began to come a few days before the election, 
and it was several days after before they went out. But the 
following facts, from the committee report, will convey the truth 
in a forcible light : 

" By an organized movement, which extended from Andrew 
County in the north to Jasper County in the south, and as far 
eastward as Boone and Cole Counties, companies of men were 
arranged in regular parties, and sent into every council district in 
the territory, and into every representative district but one. 
The numbers were so distributed as to control the election in each 
district. They went to vote, and with the avowed design to make 
Kansas a slave state. They were generally armed and equipped, 
carried with them their own provisions and tents, and so marched 
into the territory. The details of this invasion, from the mass of 
the testimony taken by your committee, are so voluminous that we 
can here state but the leading facts elicited." 

Not only did these men vote themselves, but they seized posses- 
sion of the polls, and thus prevented the legitimate voters from 
exercising their privilege. This was done by threats and violence 
in some cases ; but, in a good many of the precincts, when the legal 
voters came to the polls and found them in possession of a Mis- 
souri mob, who were desecrating them, they refused to vote, with- 
drew their candidates, and left the polls. Nor could they do 
otherwise, as the judges of election had either been ousted by 
violence, and Missourians appointed in their, place, or they were 



THE MARCH ELECTION. 



71 



intimidated into compliance with the wishes of the invaders. The 
following is the result of that election, as proved before the com- 
mittee of Congress : 

Abstract of Ccnstis and Returns of Election of March 30, 1855, by Election 

Districts. 



5^ 






^ 

S 


m 

a 
p 


o 


H 

o 


o 


Census 


C'cl. ''Wse. 






o 


CO 


<rt- 


E 


E 


p" 


t^ 


i2i 


'^^ 


!^ 'A 


!2i 


o 




% 




O 

5* 




o 


o 


^ o 
2* o 


O 

o 


c 


9 1 ? 
o ' c 


o 




Place of Voting. 


< 


c1- 
O 

< 

o 


a? 




t-l 

P 


M 

o 
0? 


3 )-t5 

CD 
• >-1 


<! 
o 






o 


a' 




o 
m 








< 
o 


< 

o 

C5 


CO 
, C 

• ™ 

CD 


CD 


1-1 


en 1 • 


3 

a' 


• 




• 


. 








V' 


u. 


. 


• 


• . 


' 


lILawi'ence, 


781 


253 


— 


1034 


232 


80 -z 


962 


369 


1 


2 2 


3 


2jBloomington, . . . 






318 


12 


11 


34] 


30 


316 


519 


199 


2 


Ij 3 


2 


3|Stinson's or Tecumsel 


I'S 


i * 


366 


4 


2 


372 


32 


338 


252 


101 


3 


l! 4 




4 Dr. Chapman's, . . . 






78 


2 


— 


80 


15 


65 


177 


47 


1 


-1 1 


1 


r Bull Creek, . . . 
f. , Potawattomie, . . 






377 


9 


— 


386 


13 


380 


— 


— 


— 


1 


— 






199 


65 


— 


264 


75 


191 


— 


— 


— 


1 — 


— 


** 1 Big Sugar Creek, 






74 


17 


7 


98 


32 


59 


1407 


442 


4 


2 


7 


4 


^Little Sugar Creek, 






34 


70 


— 


104 


104 


— 


— 


— 


— 


— 


— 


— 


GFort Scott, 






315 


35 


— 


350 


100 


250 


810 


253 


5 


1 


C 


2 


Tjlsaac B. Titus, . 








211 


23 


— 


234 


25 


209 


118 


58 








5 


1 


8 Council Grove, . 








17 


17 


3 


37 


37 


— 


83 


39 


3 





5 




9 Pawnee, . . . 








23 


52 


— 


75 


75 


— 


86 


36 


6 


1 


8 


1 


C Big Blue, . . 
^^ I Rock Creek, . 








27 


42 


— 


69 


48 


21 


151 


63 


10 


— 


s 


— 








2 


21 


— 


23 


23 


— 


— 


— 


8 







— 


11 Marysville, . . 








328 


— 


— 


328 


7 


321 


36 


24 


f( 


— 


9 


1 


5 St. Mary's,. . 
^^ I Silver Lake, . 








4 


7 


— 


11 


11 


— 


— 


— 


10 





9 


— 








12 


19 


2 


33 


33 


— 


144 


78 


1 





9 


, 


13|iIickory Point, . 








233 


6 


— 


239 


12 


230 


294 


96 


U) 





10 


1 




C Doniphan, . . 








313 


30 


3 


346 


— 


— 


— 


— 


7 





11 


— 


14 


^ Wolf Creek, . 








57 


15 


6 


78 


200 


530 


1167 


334 




1 


11 


2 




C Burr Oak, Hdgs 


'; • 






256 


2 


48 


30G 





— 


— 


— 


8 





12 


2 


15 


Hayes, 








412 


— 


5 


417 


80 


337 


873 


203 


9 


1 


13 


2 


l(i 


Leavenworth, . 








899 


60 


5 


964 


150 


814 


1183 


385 


10 


2 


14 


3 


17 Gum Springs, . 








43 


16 


— 


59 


59 


— 


150 


50 


] 





— 


— 


]8 Moonestown, . 








48 


14 


— 


62 


17 


45 


99 


28 


7 


1 


— 


— 




Total, 


5427 


791 


92 


6320 


1310 


4908 


8501 


2892 


— 


13 


— 


26 



By this fraudulent electionthe following persons were reported 
to the governcr by the judges of election, or self-stjded judges of 
election. The Rev. Thomas Johnson, of the Shawnee Mission, 
who was elected president of the council. The other members of 
the council were Wm. Barker, A, INf. Coffee, Dr. A. N. Grover, 
Richard R. Kees, 11. J. Stricklar, C. Chapman, John W. Forman, 
A. McDonald, Wm. P. Richardson, M. H. Conway. 



72 THE CONQUEST OF KANSAS. 

In the House of Representatives, Jos. C. Anderson, 0. H. 
Browne, A. J. Johnson, M. W. McGee, Samuel Scott, Geo. W. 
Ward, Jas. Whitlock, H. W. Younger, Joel P. Blair, Wm. J. 
Matthias, A. P. Wade, A. Wilkinson, Jno. M. Banks, D. L. 
Crossdale, B. L. Kirk, H. D. M'Meekin, W. H. Tibbs, T. W. 
Waterson, S. A. Williams, F. J. Marshall, H. B. Harris, A. 
Payne, Jonah Weddle, Sam. D. Houston. Of this body Bichard 
K. Bease, a member also, was elected president pro tern., and D. 
S. (I)r.) Stringfellow, member, was elected speakar. With the 
exception of two names, one in the council, Mr. Conway, and Mr. 
Houston in the house, all the members of either body were 
ultra pro-slavery men, and many of them then resided, and still 
reside, in the State of Missouri. 

As the accuracy of these statements is a matter of importance, 
and as the limits of this work will prevent us going into details 
of this election, we subjoin the more striking portions of the 
report of the committee of Congress. The facts on which their 
testimony is based have been sworn to by a large number of wit- 
nesses, men of all politics, and residents of Missouri as well as 
Kansas. 

" Your committee report the following facts, not shown by the 
tables : 

" Of the twenty-nine hundred and five voters named in the cen- 
sus-rolls, eight hundred and thirty-one are found on the poll- 
books. Some of the settlers were prevented from attending the 
election by the distance of their homes from the polls, but the great 
majority were deterred by the open avowal that large bodies of 
armed Missourians would be at the polls to vote, and by the fact 
that they did so appear and control the election. The same causes 
deterred the free-state settlers from running candidates in several 
districts, and in others induced the (fandidates to withdraw. 

" FIRST DISTRICT, MARCH 80, 1855. LAWRENCE. 

" The company of persons who marched into this district col- 
lected in Ptay, Howard, Carroll, Boone, La Fayette, Bandolph, 
Saline and Cass Counties, in the State of Missouri. Their ex- 
penses were paid, — those who could not come contributing -pro- 



THE MARCH ELECTION. 73 

visions, wagons, etc. Provisions were deposited, for those who 
were expected to come to Lawrence, in the house of William 
Lykins, and were distributed among the Missourians after they 
arrived there. The evening before and the morning of the day of 
election about one thousand men from the above counties arrived 
at Lawrence, and camped in a ravine a short distance from town, 
near the place of voting. They came in wagons — of which there 
were over one hundred — and on horseback, under the command 
of Col. Samuel Young, of Boone County, Missouri, and Claiborne 
F. Jackson, of Missouri. They were armed with guns, rifles, pis- 
tols and bowie-knives, and had tents, music, and flags with them. 
They brought with them two pieces of artillery, loaded with mus- 
ket balls. On their way to Lawrence some of them met Mr. N. 
B. Blanton, who had been appointed one of the judges of election 
by Governor Reeder, and, after learning from him that he con- 
sidered it his duty to demand an oath from them as to their place 
of residence, first attempted to bribe, and then threatened him 
with hanging, in order to induce him to dispense with that oath. 
In consequence of these threats he did not appear at the polls the 
next morning to act as judge. 

" The evening before the election, while in camp, the Missouri- 
ans were called together at the tent of Captain Claiborne F. Jack- 
son, and speeches were made to them by Colonel Young and 
others, calling for volunteers to go to other districts where there 
were not Missourians enough to control the election, while there 
were more at Lawrence than were needed there. Many volunteered 
to go, and the morning of the election several companies, from 
one hundred and fifty to two hundred men each, went ofi" to Te- 
cumseh. Hickory Point, Blooraington, and other places. On the 
morning of the election the Missourians came over to the place 
of voting from their camp, in bodies of one hundred at a time. 
Mr. Blanton not appearing, another judge was appointed in his 
place; Colonel Young claiming that, as the people of the territory 
had two judges, it was nothing more than right that the Missou- 
rians should have the other one to look after their interests ; and 
Robert A. Cummins was elected in Blanton's stead, because he 
considered that every man had a right to vote if he had been in 
7 



74 THE CONQUEST OF KANSAS. 

the territory but an hour. The Missourians brought their tickets 
with them, but, not having enough, they had three hundred more 
printed in Lawrence on the evening before and the day of elec- 
tion. They had white ribbons in their button-holes to distinguish 
themselves from the settlers. 

" When the voting commenced, the question of the legality of 
the vote of a Mr. Page was raised. Before it was decided, Colonel 
Samuel Young stepped up to the window where the votes were 
received, and said he would settle the matter. The vote of Mr. 
Page was withdrawn, and Colonel Young offered to vote. He 
refused to take the oath prescribed by the governor, but swore he 
was a resident of the territory; upon which his vote was received. 
He told Mr. Abbott, one of the judges, when asked if he intended 
to make Kansas his future home, that it was none of his business ; 
that if he were a resident then, he should ask no more. x\fter his 
vote was received, Colonel Young got up in the window-sill, and 
announced to the crowd that he had been permitted to vote, and 
they could all come up and vote. He told the judges that there 
was no use in swearing the others, as they would all swear as he 
had done. After the other judges concluded to receive Colonel 
Young's vote, Mr. Abbott resigned as judge of election, and Mr. 
Benjamin was elected in his place. 

" The polls were so much crowded until late in the evening that 
for a time, when the men had voted, they were obliged to get out 
by being hoisted up on the roof of the building where the election 
was being held, and pass out over the house. Afterward a pas- 
sage-way through the crowd was made, by two lines of men being 
formed, through which the voters could get up to the polls. 
Colonel Young asked that the old men be allowed to go up first 
and vote, as they were tired with the travelling, and wanted to 
get back to camp. 

'"• The Missourians sometimes came up to the polls in procession 
two by two, and voted. 

" During the day the Missourians drove off the ground some of 
the citizens, — Mr. Stevens, Mr. Bond, and Mr. Willis. They 
threatened to shoot Mr. Bond, and a crowd rushed after him, 
threatening him, and as he ran from them some shots were fired 



THE MARCH ELECTION. 75 

at him, as he jumped off the bank of the river, and made his 
escape. The citizens of the town went over in a body, late in the 
afternoon, when the polls had become comparatively clear, and 
voted. 

" One Missourian voted for himself, and then voted for his little 
son, but ten or eleven years old. Colonel Coffer, Henry Younger 
and Mr. Lykins, who were voted for and elected to the Legis- 
lature, were residents of Missouri at the time. Colonel Coffer 
subsequently married in the territory. After the polls were 
closed, the returns were made, and a man, claiming to be a magis- 
trate, certified on them that he had sworn the judges of election 
before opening the polls. In the Potawattomie precinct the Mis- 
sourians attended the election, and, after threatening Mr. Ches- 
nut, the only judge present appointed by the governor, to induce 
him to resign, they proceeded to elect two other judges, one a 
Missourian and the other a resident of another precinct of that 
district. The polls were then opened, and all the Missourians 
were allowed to vote without being sworn. 

" After the polls were closed, and the returns made out for the 
signature of the judges, Mr. Chesnut refused to sign them, as he 
did not consider them correct returns of legal voters. 

" SECOND DISTRICT. BLOOMINGTON. 

" On the morning of the election the judges appointed by the 
governor appeared, and opened the polls. Their names were 
Harrison Burson, Nathaniel Kamsay, and Mr. Ellison. The Mis- 
sourians began to come in early in the morning, some five or 
six hundred of them, in wagons and carriages and on horse- 
back, under the lead of Samuel J. Jones, then postmaster of 
Westport, Missouri, Claiborne F. Jackson, and Mr. Steely, of In- 
dependence, Mo. They were armed with double-barreled guns, 
rifles, bowie-knives, and pistols, and had flags hoisted. They held 
a sort of informal election, off at one side, at first for Governor of 
Kansas, and shortly afterwards announced Thomas Johnson, of 
Shawnee Missions, elected governor. The polls had been opened 
but a short time when Mr. Jones marched with the crowd up to 
the window, and demanded that they should be allowed to vote 



76 THE CONQUEST OF KANSAS. 

without swearing as to their residence. After some noisy and 
threatening talk, Claiborne F. Jackson addressed the crowd, say- 
ing they had come here to vote ; that they had a right to vote if 
they had been there but five minutes, and he was not willing to 
go home without voting ; which was received with cheers. Jack- 
son then called upon them to form into little bands of fifteen or 
twenty, which they did, and went to an ox-wagon filled with guns, 
which were distributed among them, and proceeded to load some 
of them on the ground. In pursuance of Jackson's request they 
tied white tape or ribbons in their button-holes, so as to distin- 
guish them from the ' abolitionists.' They again demanded that 
the judges should resign, and, upon their refusing to do so, 
smashed in the window, sash and all, and presented their pistols 
and guns to them, threatening to shoot them. Some one on the 
outside cried out to them not to shoot, as there were pro-slavery 
men in the room with the judges. They then put a pry under the 
corner of the house, which was a log house, and lifted it up a few 
inches, and let it fall again, but desisted upon being told that there 
were pro-slavery men in the house. During this time the crowd 
repeatedly demanded to be allowed to vote without being sworn, 
and Mr. Ellison, one of the judges, expressed himself willing, but 
the other two judges refused ; thereupon a body of men, headed 
by * Sherifi" Jones,' rushed into the judges' room, with cocked 
pistols and drawn bowie-knives in their hands, and approached 
Burson and Ramsay. Jones pulled out his watch, and said he 
would give them five minutes to resign in, or die. When the five 
minutes had expired, and the judges did not resign, Jones said 
he would give them another minute, and no more. Ellison told 
his associates that if they did not resign there would be one hun- 
dred shots fired in the room in less than fifteen minutes; and then, 
snatching up the ballot-box, ran out into the crowd, holding up 
the ballot-box, and hurraing for Missouri. About that time Bur- 
son and Barasay were called out by their friends, and not sufiered 
to return. As Mr. Burson went out he put the ballot poll-books 
in his pocket, and took them with him ; and as he was going out 
Jones snatched some papers away from him, and shortly afterward 
came out himself, holding them up, crying, ' Hurrah for Mis- 



THE MARCH ELECTION. 77 

souri ! ' After he discovered that they were not the poll-books he 
took a party of men with him, and started ofi' to take the poll- 
books from I3iirson. Mr. Burson saw them coming, and he gave 
the books to Mr. Umberger, and told him to start oS in another 
direction, so as to mislead Jones and his party. Jones and his 
party caught Mr. Umberger, took the poll-books away from him, 
and Jones took him up behind him on a horse, and carried him 
back a prisoner. After Jones and his party had taken Umberger 
back they went to the house of Mr. Ramsay, and took Judge 
John A. Wakefield prisoner, and carried him to the place of elec- 
tion, and made him get upon a wagon and make them a speech ; 
after which they put a white ribbon in his button-hole and let him 
go. They then chose two new judges, and proceeded with the 
election. 

" They also threatened to kill the judges if they did not receive 
their votes without swearing them, or else resign. They said no 
man should vote who would submit to be sworn — that they 
would kill any one who would offer to do so — ' shoot him,' 
' cut his guts out,' etc. They said no man should vote this day 
unless he voted an open ticket, and was ' all right on the goose,* 
and that, if they could not vote by fair means, they would by foul 
means. They said they had as much right to vote, if they had 
been in the territory two minutes, as if they had been there two 
years, and they would vote. Some of the citizens who were 
about the window, but had not voted when the crowd of Missou- 
rians marched up there, upon attempting to vote, were driven back 
by the mob, or driven off. One of them, Mr. J. M. Macey, was 
asked if he would take the oath ; and, upon his replying that he 
would, if the judges required it, he was dragged through the 
crowd away from the polls, amid cries of ' Kill the d — d nigger 
thief! ' ' Cut his throat!' 'Tear his heart out! ' etc. After they got 
him to the outside of the crowd, they stood around him with 
cocked revolvers and drawn bowie-knives, one man putting a knife 
to his heart so that it touched him, another holding a cocked 
pistol to his ear, while another struck at him with a club. The 
Missourians said they had a right to vote if they had been in the 
territory but five minutes. Some said they had been hired to 
7* 



78 THE CONQUEST OF KANSAS. 

come there and vote, and get a dollar a day, and, ' by Gr — d, they 
would vote or die there.' 

" They said the 30th day of March was an important day, as 
Kansas would be made a slave state on that day. 

" SIXTEENTH DISTRICT. 

" For some time previous to the election meetings were held 
and arrangements made in Missouri to get up companies to come 
over to the territory and vote. And the day before and on the 
day of election large bodies of Missourians from Platte, Clay, 
Ray, Chariton, Carrol, Clinton, and Saline Counties, Missouri, 
came into this district and encamped there. They were armed 
with pistols and bowie-knives, and some with guns and rifles, and 
had badges of hemp in their button-holes and elsewhere about 
their persons. 

" On the morning of the election there were from one thousand 
to one thousand four hundred persons present on the ground. Pre- 
vious to the election Missourians endeavored to persuade the two 
free-state judges to resign, by making threats of personal violence 
to them ; one of whom resigned on the morning of election, and 
the crowd chose another to fill his place. But one of the judges, 
the free-state judge, would take the oath prescribed by the gov- 
ernor ; the other two deciding that they had no right to swear any 
one who ofTcred to vote, but that all on the ground were entitled 
to vote. The only voters refused were some Delaware Indians, 
some thirty Wyandot Indians being allowed to vote. 

" One of the free-state candidates withdrew, in consequence of 
the presence of the Missourians, amid cheering and acclamations 
by the Missourians. During the day the steamboat New Lucy 
came down from Western I^Iissouri, with a large number of Mis- 
sourians on board, who voted, and then returned on the boat. 

" The ]Missourians gave, as a reason for their coming over to 
vote, that the North had tried to force emigration into the territory, 
and they wanted to counteract that movement. Some of the can- 
didates and many of the Missourians took the ground that, under 
the Kansas Nebraska act, all who were on the ground on the day 
of election were entitled to vote ; and others, that laying out a 



THE MARCH ELECTION. 79 

town, staking a lot, or driving down stakes even on another man's 
claim, gave them a right to vote. And one of the members of the 
council, R>. E,. Kees, declared in his testimony that he who- should 
put a different construction upon the law must be either a knave 
or a fool. 

" Th,e free-state men generally did not vote at that election ; 
and no newly-arrived Eastern emigrants were there. The free- 
state judge of election refused to sign the returns until the words 
' by lawful resident voters ' were stricken out, which was done, and 
the returns made in that way. The election was contested, and a 
new election ordered by Governor E,eeder for the tv/enty-second 
of Ma}?". 

" The testimony is divided as to the relative strength of parties 
in this district. The whole number of voters in the district, ac- 
cording to the census returns, was three hundred and eighty-five ; 
and, according to a very carefully prepared list of voters, prepared 
for the pro-slavery candidates and other pro-slavery men a few 
days previous to the election, there were three hundred and five 
voters in the district, including those who had claims but did not 
live on them. The whole number of votes cast was nine hundred 
and sixty-four. Of those named in the census one hundred and 
sis voted. Your committee, upon careful examination, are satis- 
fied that there were not over one hundred and fifty legal votes 
cast, leaving eight hundred and fourteen illegal votes. 

" BURR OAK PRECINCT. 

" Several hundred Missourians from Buchanan, Platte, and 
Andrew Counties, Missouri, including a great many of the prom- 
inent citizens of St. Joseph, came into this precinct the day before, 
and on the day of election, in wagons and on horse, and encamped 
there. Arrangements were made for them to cross the ferry at 
St. Joseph free of expense to themselves. They were armed with 
bowie-knives and pistols, guns and rifles. On the morning of the 
election the free-state candidates resigned in a body, on account 
of the presence of the large number of armed Missourians, at 
which the crowd cheered and hurraed. Gen. B. F. Stringfellow 
was present, and was prominent in promoting the election of the 



80 THE CONQUEST OF KANSAS. 

pro-slavery ticket, as were also the Hon. Willard P. Hall and j| 

others of the most prominent citizens of St. Joseph, Missouri. 
But one of the judges of election appointed by the governor 
served on that day, and the crowd chose two others to supply the 
vacancies. 

" The Missourians said they came there to vote for and secure 
the election of Major William P. Richardson. Major Richardson, 
elected to the council, had had a farm in Missouri, where his wife 
and daughter lived with his son-in-law, Willard P. Hall ; he him- 
self generally going home to Missouri every Saturday night. The 
farm was generally known as the Richardson farm. He had a 
claim in the territory, upon which was a saw-mill, and where he 
generally remained during the week. 

" Some of the Missourians gave as their reason for voting that 
they had heard that Eastern emigrants were to be at that elec- 
tion, though no Eastern emigrants were there. Others said they 
were going to vote for the purpose of making Kansas a slave 
state. 

" Some claimed that they had a right to vote under the pro- 
visions of the Kansas Nebraska bill, from the fact that they were 
present on the ground on the day of election. 

" The free-state men generally did not vote ; and those who 
did vote voted generally for John H. Whitehead, pro-slavery, for 
council, against Major William P. Richardson, and did not vote 
at all for members of the lower house. 

" The parties were pretty nearly equally divided in the district, 
some being of the opinion that the free-state party had a small 
majority, and others that the pro-slavery party had a small major- 
ity. After the election was over, and the polls were closed, the 
Missom-ians returned home. During the day they had provisions 
and liquor served out free of expense to all. 

" THIRD DISTRICT TECUMSEH. 

" On the 28th of March, persons from Clay, Jackson, and 
Howard Counties, Missouri, began to come into Tecumseh, in 
wagons, carriages, and on horseback, armed with guns, bowie- 
knives, and revolvers ; they encamped close by the town, and 



THE MARCH ELECTION. 81 

continued camping until the day of election. The night before 
the election two hundred men were sent for from the camp of 
Missourians at Lawrence. On the morning of the election, be- 
fore the polls were opened, some three or four hundred Mis- 
sourians and others were collected in the yard about the house 
of Thomas Stinsou, where the election was to be held, armed with 
bowie-knives, revolvers and clubs. They said they came to vote, 
and whip the ' damned Yankees,' and would vote without being 
sworn. Some said they came to have a fight, and wanted one. 
Colonel Samuel H. Woodson, of Independence, Missouri, was in 
the room of the judges when they arrived, preparing poll-books 
and tally-lists, and remained there during their attempts to organ- 
ize. The room of the judges was also filled by many of the 
strangers. The judges could not agree concerning the oath to be 
taken by themselves and the oath to be administered to the voters ; 
Mr. Burgess desiring to administer the oath prescribed by the 
governor, and the other two judges opposing it. During this dis- 
cussion between the judges, which lasted some time, the crowd 
outside became excited and noisy, threatening and cursing Mr. 
Burgess, the free-state judge. Persons were sent at different 
times by the crowd outside into the room where the judges were, 
with threatening messages, especially against Mr. Burgess ; and 
at last ten minutes were given them to organize in, or leave ; and, 
as the time passed, persons outside would call out the number of 
minutes left, with threats against Burgess if he did not agree to 
organize. At the end of that time the judges, not being able to 
organize, left the room, and the crowd proceeded to elect nine 
judges and carry on the election. The free-state men generally 
left the ground without voting, stating that there was no use in 
their voting there. The polls were so crowded during the first 
part of the day that the citizens could not get up to the window 
to vote. Threats were made against the free-state men. In the 
afternoon the Rev. Mr. Gilpatrick was attacked and driven off by 
the mob. A man, by some called ' Texas,' made a speech to the 
crowd, urging them to vote, and to remain on the ground until the 
polls were closed, for fear the abolitionists would come there in 



82 THE CONQUEST OF KANSAS. 

the afternoon and overpower them, and thus they would lose all 
their trouble. 

" The Missourians began to leave on the afternoon of the day 
of election, though some did not go home until the next morning. 

" In many cases, when a wagon-load had voted, they imme- 
diately started for home. On their way home they said if Gov- 
ernor E,eeder did not sanction the election they would hang him." 

The following is the closing part of this official report relative 
to this, and also to this election : 

" This unlawful interference has been continued in every impor- 
tant event in the history of the territory. Every election has been 
controlled, not by the actual settlers, but by citizens of Missouri ; 
and, as a consequence, every officer in the territory, from consta- 
bles to legislators, except those appointed by the President, owe 
their positions to non-resident voters." 



CHAPTER VI. 

WHAT KANSAS AND MISSOUEI THOUGHT OF IT. 

As might be supposed, this outrageous violation of the right 
on which all our liberties and privileges rest awakened the utmost 
indignation throughout the territory and the country. The people 
of Kansas saw that it was the determination of Missouri and the 
slavery propagandists to secure Kansas to slavery by all means, 
and that violence must be met by violence, or every privilege they 
possessed would be taken from them, and their position and even 
their life endangered. It was almost immediately afterwards that 
military companies were formed amongst the settlers. But few of 
these were armed properly, and efforts were made by them to send 
for arms, and also many who were unable to purchase them ap- 
pealed to their friends in the states to procure arms for them. 

Indignation meetings were held, and protests issued against the 
election, and ignoring the authority of members elect under it. 
It was determined by the free-state settlers, who constituted at 
that time three fourths of the actual residents, that, as the whole 
thing was a violent usurpation and a fraud, no regard would be 
paid to any of their proceedings. 

Nor were other remedies neglected. Protests and certificates 
of fraud were sent to the governor from meetings convened in the 
different precincts in the territory. It will ever be regretted that 
Gov. Reeder gave so little time in which to contest the elections. 
Protests had to be made and returned to the governor within four 
days. I need expend no time in showing that this was altogether 
inadequate. The territory was large, and the executive office on 
the edge of it. There were few roads at that time ; besides, meet- 
ings had to be called, evidence obtained, and other preliminaries 



84 



THE CONQUEST OF KANSAS. 



arranged. Again, many of the settlers wore ignorant of the proper 
remedy for such emergency. The blow came on them so suddenly 
that it paralyzed, and, to some extent, intimidated them. The pre- 
cious hours were thus permitted to pass in several of the precincts 
where the citizens were most indignant at the outrage, and anxious 
for some remedy. In other precincts the protests w.ere too late to 
be in time ; and thus, by unfortunate default, certificates were given 
to men whose names were returned with a certain number of votes, 
although no one doubted the fraudulent character of these returns. 

While the organic act had failed to throw proper safeguards 
around the elective franchise, and while the territorial executive 
must be admitted to have occupied a critical situation, it cannot 
be denied that the action of Gov. Reeder at this time was not so 
bold or decided as the emergency required. True, he had to act 
on the nominal evidence before him ; true, he might have rendered 
himself obnoxious to the charge of stepping behind the record, and 
being partial ; true, he was jealously watched by the pro-slavery 
men, suspected by a pro-slavery administration, who appointed 
him, and anxious not only to he^ but to appear, hnpartial ; but, in 
spite of all this, he, the executive head of the territory, the only 
source of protection the outraged settlers had, ought to have spared 
no effort, and shrunk from no responsibility that could have saved 
these settlers from being injured by the color even of legality to 
such outrages upon them. 

Protests having been received in time from six districts, and tho 
frauds proved, the governor set aside the former elections, and 
called other special elections, with the following result : 





Abstract of the Returns of Election of May 


22, 1855. 




No. of 
District. 


Places of 

Voting. 


Pro-Slavery 
Votes. 


Free-State 
Votes. 


Scattering. 


Total. 


1 

2 
3 

7 

8 

IG 


Lawrence, . . 
Douglas, . . . 
Stinson's, . . , 
"110," . . . 
Council Grove, 
Leavenworth, . 

Total, . . 


560 
560 


288 
127 
148 
66 
33 
140 

802 


18 

1 

13 

15 

47 


306 
127 
149 
79 
33 
715 

1409 



At this election it will be seen that upwards of eight hundred 



WHAT KANSAS AND MISSOURI THOUGHT OF IT. 85 

free-state votes were polled, and free-state candidates elected in 
all the districts save Leavenworth. In Leavenworth there was 
another invasion from Missouri. On this point there was a dif- 
ference of opinion amongst the pro-slavery men. Most of the 
leaders declared that Breeder had no authority to call special elec- 
tions under the Kansas Nebraska act for cases of fraud ; and, as 
his proceedings were therefore irregular, it was only necessary to 
pay no attention to them. Some, on the other hand, were timor- 
ous, and thought it best to be sure. A writer in the Leavenworth 
Herald, after the special election was called, urged the pro-slavery 
men and ihQix friends to vote in this election. Many of those in 
Leavenworth, and amongst them the pro-slavery men elected March 
30th, were in favor of crushing this election directly by the same 
means. Consequently there was anoth'Cr invasion of voters from 
Missouri on that occasion at Leavenworth, and they voted for the 
same men previously elected. Of the pro-slavery votes polled 
there more than two thirds were fraudulent ; and, owing to the 
violent seizure of the polls, many free-state settlers were kept 
from voting. 

During this extraordinary state of afi'airs, the Missouri press 
made no attempt to conceal the facts. They publicly, in their 
columns, urged that such steps be taken as would secure the result. 
The Liberty (Clay County, Missouri) paper issued the following, 
with many similar articles, on the invasion of Kansas : 

" The election in Kansas Territory is close at hand, and we em- 
brace this, the last opportunity we will have before the event, of 
admonishing Missouri and southerners that it is the part of wisdom 
as well as prudence to employ every means of preparation neces- 
sary to a successful combat for the issue which is suspended 
upon it." 

The Weston Repm'ter of March 29th (1855) says: 

" Our minds are already made up as to the result of the elec- 
tion in Kansas to-morrow. The pro-slavery party will be triumph- 
ant, toe presume, in nearly every precinct. Should the pro-slavery 
party fail in this contest, it will not be because Missouri has failed 
to do her duty to assist friends. It is a safe calculation that two 
8 • 



86 THE CONQUEST OF KANSAS. 

thousand squatters have passed over into the promised land from 
this part of the state within four days." 

After the election the Missouri papers were filled with jubilant 
expressions of victory. The Platte Argus says : 

" It is to be admitted that they — the Missourians — have con- 
quered Kansas. Our advice is, let them hold it or die in the 
attempt." 

When the election was called in the first, second, third, seventh, 
eighth, and sixteenth districts, it was denounced after the follow- 
ing fashion by the border papers : 

" We learn, just as we go to press, that Keeder has refused to 
give certificates to four of the-councilmen and thirteen members 
of the house. He has ordered an election to fill their places on 
the 22d of May. 

" This infernal scoundrel will have to be hemped yet." — Bruns- 
wicker, Mo. 

At the same time violence was offered to those who dared to 
protest the March election. This was unquestionably the reason 
why protests were not made in some districts. 

In Leavenworth the protest with an affidavit had been signed by 
a lawyer named William Phillips. A meeting was held in Leaven- 
worth amongst the pro-slavery men, who denounced him as a " moral 
perjurer." He was notified to leave the territory. This he re- 
fused to do. On the 17th of May, just a few days before the 
special election, a band of pro-slavery men assembled. They con- 
vened in public meeting first, and passed resolutions of the most vio- 
lent character. Free speech on the slavery question was denounced 
as a " disturbance of the peace and quiet of the community," and 
the action of the press in the same cause was denounced as " cir- 
culating incendiary documents." Free-state men were denounced 
as " Northern fanatics," and told to " go home and do your treason 
where you can find sympathy." Violence was recommended as 
necessary to the success of the pro-slavery party. Many of those 
who took a prominent part in that meeting, and the outrage that 
followed, have since been appointed to office under the Bogus 
Legislature, and also under the territorial courts and executive. 

When the meeting was over, those composing it marched up the 



WHAT KANSAS AND MISSOURI THOUGHT OF IT. 87 

street to find Mr. Phillips. They were armed. Mr. Phillips was 
in company of some of his neighbors, who were erecting a build- 
ing, when the pro-slavery band came upon them. As neither Mr. 
Phillips nor his friends were prepared for defence, none was made. 
He was taken prisoner and carried on board a skiff, and taken over 
the river and up to the town of Weston, some eight miles distant. 
Meanwhile his friends tried to get the authorities and the military 
to interfere and rescue him ; but in vain. Fort Leavenworth, 
with a considerable military force, was only three miles off, and 
between Leavenworth city and "Weston ; but there was no remedy. 
When Mr. Phillips' captors got to Weston they stripped and 
tarred and feathered him. In this condition he was borne about 
the streets of Weston on a rail, subjected to the most grievous 
indignities and insults, and sold at auction by a negro. After 
suffering this they permitted him to escape, ordering him to 
leave the territory, with threats of death for non-compliance. 

Subsequently, on the 25th of May, A.D. 1855, a public meet- 
ing was held, at which K,. R. Kees, a member elect of the coun- 
cil, presided. The following resolutions, offered by Judge Payne, 
a member elect of the house, were unanimously adopted : 

" Resolved, That we heartily endorse the action of the com- 
mittee of citizens that shaved, tarred and feathered, rode on a rail, 
and had sold by a negro, William Phillips, the moral perjurer. 

♦' Resolved, That we return our thanks to the committee for 
faithfully performing the trust enjoined upon them by the pro- 
slavery party. 

" Resolved, That the committee be now discharged. 

" Resolved, That we severely condemn those pro-slavery men 
who, from mercenary motives, are calling upon the pro-slavery 
party to submit without further action. 

" Resolved, That, in order to secure peace and harmony to the 
community, we now solemnly declare that the pro-slavery party 
will stand firmly by and carry out the resolutions reported by the 
committee appointed for that purpose on the memorable 30th." 

About the same time, or shortly before, another occurrence 
worthy of note took place. As the Missouri borderers were very 
much dissatisfied with Gov. Reeder, proposals to " elect a governor 



88 THE CONQUEST OF KANSAS. 

of their own " were freely made. That this would really have been 
done, if assurances had not been received from Washington that 
their wishes would be complied with, there is no question. As it 
was, the matter was widely discussed. At one of the election 
precincts, at the March election, votes were thrown for Rev. Tom 
Johnson, of the Shawnee Mission, to be governor. A meeting or 
convention was ordered, and the notices of it published in the Mis- 
souri papers, to be holden in Leavenworth, for the purpose of 
electing governor. Before this meeting was held the leading 
men in the border counties took the aifair into consideration, and, 
under assurances that they would have a governor to suit them, 
interfered to prevent the action of the meeting. Another reason 
for this course might be the conduct of some of their tools. The 
Rev. Tom Johnson had received many evidences from the 
border ruffians of the esteem in which they held his pro-slavery 
services. Independent of pecuniary advantages, accruing through 
his "mission to the Indians," he had been elected member of the 
council by an almost exclusively Missouri vote. He was subse- 
quently elected president of the council. But he was dissatisfied, 
and aspired to be governor. Absurd and unworthy as the most 
of these border ruffian appointments and elections have been, there 
was something so supremely ridiculous in the idea of making 
the Rev. Tom governor, that it disgusted even them. Hence they 
threw cold water on his ambitious projects. 

Although it had been previously determined that the election 
for governor should be " nipped in the bud," still, many attended 
the meeting convened. The meeting having been adroitly turned 
from its legitimate object by the leaders, it proceeded to some de- 
liberation on the " squatter laws " relative to claims in which all 
were more or less interested. A warm debate havino; arisen, and 
merged into a violent controversy, in which the lie was given, a 
pro-slavery man, named Malcom Clarke, raised a large piece of 
timber, or scantling, running at the person who had exchanged 
words with him — a free-state man named Cole McCrea ^— and 
struck him violently with it, and was raising it to strike him 
again, when McCrea drew a pistol and shot him dead. The 
friends of Clarke immediately pursued McCrea, and commenced 



WHAT KANSAS AND MISSOURI THOUGnT OF IT. 89 

firing on him with their pistols. He took refuge from their shots 
under the river bank, from which position he was released by his 
friends, who took him up to the fort for protection and examina- 
tion. After having been subjected to a long imprisonment, he 
was tried before the territorial courts. At the first court before 
which he was brought the grand jury failed to bring a bill against 
him, deeming the case one of justifiable homicide. The court, 
Judge Lecompte, manifested a determination to convict the pris- 
oner. The grand jury were adjourned to a subsequent term of 
the court. At that time the grand jury was packed, several of 
its members being those who acted or aided in lynching Phillips. 
A bill of indictment for murder was found, and the trial was 
slowly proceeded with, when the prisoner, fearing violence to his 
person even before conviction, made his escape. 

If those in the territory who vindicated the rights of the settlers 
fared badly, those in the State of Missouri, who opposed these 
actions, fared no better. Shortly after the election, the Bruns- 
wicker (Mo.) found fault with a contemporary in the same state, 
who condemned the Missouri invasion of Kansas. 

" The last Jefi'erson Inquirer is down on the citizens of Missouri 
who took steps to secure the election of pro-slavery men to the 
territorial Legislature of Kansas. This is in keeping with the 
Inquirer's past conduct. If the editor of that paper had been in 
Kansas on the day of election, he would have voted with the abo- 
litionists. That he is a negro-stealer at heart we have no doubt." 

Nor was the pulpit, even, sacred from these assaults. Some 
preachers, who had publicly or privately expressed disapprobation 
of such violence, or who were supposed to condemn it, were noti- 
fied to leave, and mob violence was offered to them on more than 
one occasion. 

Meetings were held in Platte, Jackson, Buchanan and Clay 
counties. Mo., to endorse the proceedings of the invaders, and de- 
nounce all those who dared to call them in question, or condemn 
them. The following resolutions, passed by a meeting in Clay 
County, in April, is a fair specimen of all the others : 

" Those who, in our state, would give aid to the abolitionists by 
inducing or assisting them to settle in Kansas, or would throw 
8* 



90 THE CONQUEST OF KANSAS. 

obstacles in the way of our friends, hj false and slanderous mis- 
representations of the acts of those who took part in and contrib- 
uted to the glorious result of the late election in that territory, 
should be driven from amongst us as traitors to their country. 

" That we regard the efforts of the Northern division of the 
Methodist Episcopal Church to establish itself in our state as a 
violation of her plighted faith, and, pledged as its ministers must 
be to the anti-slavery principles of that church, we are forced to 
regard them as enemies to our institutions. We therefore fully 
concur with our friends in Platte County in resolving to permit no 
person belonging to the Northern Methodist Church to preach in 
our county. 

" That all persons who are subscribers to papers in the least 
tinctured with free-soilism or abolitionism, are requested to dis- 
continue them immediately." 

But the most remarkable case of this kind was that of the Park- 
ville (Platte Co.) Luminary. Immediately after the invasion 
that swept the March election, this paper contained an editorial, 
mildly condemning the invasion, and urging that the citizens of 
Kansas ought to be permitted to regulate their own affairs. For 
this it fell under the ban of the border ruffians. Mr. Park, pro- 
prietor of the paper, was one of the oldest citizens of Parkville, 
and had helped to build the town which bore his name. A large 
company was raised in Platte city, some ten miles distant, and, 
providing themselves with arms, marched to Parkville to destroy 
the press and lynch the editors. Mr. Park was absent. They 
broke his press, and threw it, with the whole of the material, in the 
Missouri river. They then seized the editor, who happened to be 
present (Mr. Patterson), and were about to lynch him. At this 
point his wife, a young and delicate woman, rushed into the 
crowd, and, throwing her arms around her husband, would not let 
him go. They ordered and threatened, and tried to drag her 
away ; but she clung to him convulsively, and they were obliged 
to relinquish their attempt, and let him go, ordering him, how- 
ever, to leave, under penalty of losing his life. 

An account of this affair, and also of the efforts made to defray 
the expenses of the invasions, was given before the committee of 



WHAT KANSAS AND MISSOURI THOUGHT OF IT. 91 

Congress, by a witness of Missouri, who lives near Parkville. Tliis 
gentleman was a pro-slavery man, but, as he himself expressed it, 
was " down on all them fixin's." He was an oddity, a genius of 
the Davy Crockett stamp, and appeared, with all his peculiari- 
ties, to possess an honorable and upright mind. He had been 
over in Kansas, driving a lot of his cattle, in the spring of 1856, 
when the committee summoned him before it. An abstract of 
such a man's testimony, or an accurate ojQScial rendering of it, 
could no more convey all he swore to, than it could give the pic- 
ture. 

Mr. Thorpe was a tall, athletic man, in Western homespun, 
with a beard like a bottle-brush, and a face that looked as if it 
was as free from ablution as he said he was from " abolition." 
He had a great ox-whip, six feet long, with a lash much longer. 
This he grasped in his hand as he strode into the committee-rooms. 
The members of the commission were busy examining another 
witness; but our friend was not skilled in such niceties, so he 
walked up to the desk, and in a voice that might have been heard 
in the street, began : 

"Well, gentlemen, I heered you was a wantin' me, an' so I jist 
cum down. You 've got my name there, I guess ; that feller that 
cum after me had it. I 'm Tom Thorpe, myself." 

Mr. Howard. "Ah, Mr. Thorpe," — bowing, — "we are en- 
gaged at present examinhig this witness. You will please take a 
seat until we are ready for you." 

" Edzactly, of course. You see I 've ben a drovin' cattle over 
here on the Wakeruse — I 've got a fine lot on 'em, too — an' the 
boys tole me you 'd be after me and ketch me ; an' I tole them 
that I did n't care a darn ; an' so when the feller cum, I jist con- 
cluded I 'd step over an' see what you did want. Tom Thorpe an't 
afeer'd " — 

" That is all perfectly right, Mr. Thorpe, and as soon as we are 
disengaged we shall be happy to examine you." 

"Certainly — that's all straight, anyhow. I'm from Platte 
County, myself. I live " — Here the gentlemen of the commission 
conversed together, and, seeing it would be impossible to get rid of 
Mr. Thorpe, concluded that it would be cheapest to make the 



92 THE CONQUEST OF KANSAS. 

other witness, who was not in a hurry, stand aside until the gen- 
tleman from Platte County could be disposed of. 

" Mr. Thorpe," — to our friend who was still standing, whip in 
hand, — " you will be sworn." 

" O, sartain. I 'm willin' to swar to all I 'm goin' to tell 
you. I tell the truth any way, mysejf, but swar away." 

The oath being administered, Mr. Howard asked : 

" Mr. Thorpe, you are a resident of Missouri ; do you know of 
any parties coming from that state to vote in the territory ? " 

" Lord, yes ; lots on 'em ; but I suppose you 'd first want to 
know about that 'ere Parkville business. I was there, myself — 
throwing the press in the river, I mean — an' seed all on it. I 
guess that 's what you want to see me about, and that you were 
arter me on that 'ere business — but, darn it, how do I know what 
you want ? " said Thomas Thorpe, straightening himself up, as if 
he recollected himself — " but, any how, I tole the boys that 's 
what I supposed you had me for, an' so " — 

"Mr. Thorpe," interposed Mr. Howard, "the mobbing of the 
press at Parkville is a subject out of our jurisdiction ; and it is 
neither our duty nor our wish to investigate the affair, however 
much we may condemn the outrage " — 

" 0, Lord, yes, it was a mighty mean thing ; I was down on it 
myself. I tole 'em there, that day, I was down on it. I 'm pro- 
slavery myself — there 's no abolitionism about me ; but that 's 
cuttin' up a little too high. I 'm down on all them fixin's ; an' I 
just tole 'em " — 

" Mr. Thorpe, you will please confine yourself to the subject on 
which we may question you. Did you reside in Missouri in the 
March of 1855?" 

" Yes, sir, I 've ben in Platte County more 'n twenty year. 
I've" — 

" Do you know of any Missourians going over from your neigh- 
borhood into Kansas to vote at that time ? — or who did so 
vote ? " 

"Lots an' slivers on 'em, — but stop; let me get it right. — 
Look-a-here, you chap," — motioning to Mr. Lord, clerk of the com- 
mission, who was taking down his testimony, — "Look-a-here, I 



WHAT KANSAS AND MISSOURI THOUGHT OP IT. 93 

want to see that you keep that straight. What have you got 
there?" 

Mr. Lord proceeded to read what he had taken, Mr. Thorpe 
expressing his approval until the last sentence, when he said, — 

" Look-a-here, read that 'ere last piece again." 

The clerk proceeded to read. " To Mr. Howard : — I have known 
lots of people who came over from Missouri into Kansas to vote." 

" Well, now, Mr. Clerk, scratch that out. Tell you what it is, 
boys," turning to the members of the commission, " I 've got to 
keep mighty straight. I 've come from Platte County, myself, 
and I 've got to give an account o' this business to the boys when 
I go back. I an't afeerd. I tell you I 'm down on this thing of 
votin' over in the territory, as much as you dar be ; but I can't 
swar to what I don't know. I wan't in the territory to see all 
they done. There 's no mistake about it, boys, hut they voted ; 
but you see I can't swar that." 

" Only swear to what you know," said Mr. Howard. " You 
will please state if you knew of large parties going from the state, 
at the time of the territorial elections, into the territory, and 
whether such parties returned afterwards." 

" Yes, sir, they did ; any amount of 'em. They used to keep 
the roads busy, and the ferries, too, about them times. An' they 
used to raise companies to go ; an' raise money for to keep 'em 
at it. They came to me to subscribe, but I tole 'em that I was 
down on this thing of votin' over in the territory, and that Tom 
Thorpe did n't subscribe to no such fixin's. They jawed me, too, 
about it — they did ; but I guess they found that old Tom Thorpe 
could give as good as he got ; for, says I " — 

" Mr. Thorpe, you will please state at what time you observed 
these men thus coming and going. If you remember it, give us 
the date, or tell us at which of the territorial elections." 

" O, they swarmed every time. They cum, an' they kep a- 
cumin'. It was jest the same thing. Whenever there was an 
election in the territory tliey were a fussin' roun', an' gittin' up 
companies to go, an' gittin' hosses, an' wagins, and all them fix- 
in's. They used to ax me to go, but I tole 'em " — 



94 THE CONQUEST OF KANSAS. 

" Witness, you will please state how many persons you have 
seen going or coming in this way." 

" They all cum ; the whole possitatus of 'em. It was gineral, 
kinder. It would be a heap easier for me to tell you who did n't 
go over than who did." ^ 

" Can you give the names of any of them ? " 

" Well, yes ; — there was Jem White, and Bill Bowers, and 
Bob Murphy, an' — " 

" Stop ! " cried the clerk, " not so fast." 

" Well, look-a-here, I guess there an't no use in givin' all them 
names. I han't got a fust-rate memory myself to mind all on 
'em, unless I was to git some time to study on it ; but I tell you 
what, there 's lots on 'em — mor'n you 'd want to put in that 
book." 

" Witness, do you know what induced these men to do this? " 

" Well, I guess they felt like it. Some of the folks did per- 
suade the boys to go over and vote. They tole them they wanted 
to make Kansas a slave state ; an' they tole 'em the abolitionists 
war a-cummin' in ; and that the Emigrant Aid Society Company 
and Co, was pitchin' in, and they 'd better too. You see, they 
took the boys over, and they got plenty liquor, and plenty to eat, 
and they got over free ferry. They did say, — now I an't agoin' 
to swar to this, 'cause I an't certain, — but they did say they 
gin some of them a dollar a day to go. Well, 'twan't a very busy 
time, and most o' them liked the joke, anyhow. You see there 
was a heap of respectable folks went with 'em. There's Dr. 
Tibbs, lives over in Platte, he used to go ; an' you see they 
elected him. The boys tole me one time, when they cum back, 
says they, ' We 've elected Dr. Tibbs to the legislature ; ' and says 
I, ' Is it the legislature of the state or the territory ? ' an' says 
they, ' The territory.' " 

" Says I, ' Boys, an't this a-puttin' it on too thick ? It's a darned 
sight too mean enough to go over and vote for them fellers ; but to 
put in a man that don't live there is all-fired outrageous.'" 

" Is this Dr. Tibbs the W. H. Tibbs whose name is on the list 
of territorial legislators ? " asked Mr. Howard. 

" Well, I don't know anything about that; but Dr. Tibbs, I do 



WHAT KANSAS AND MISSOURI THOUGHT OF IT. 95 

know, was elected to the Kansas Legislature ; an' was over makin' 
the laws, too. That was in July, ye see, an' our election cum on 
in August. For some of the boys wanted to run the Dr. for an 
office over there ; but you see some on 'em thought it would n't 
work well for him to hold office both in the state and the territory, 
— though, for that part of the matter, he lived in the state." 

" You say you knew this Tibbs to be a resident of Missouri ? " 

" Certain ; he voted there at the August election, jist as he 
cum back from the legislature in the territory. I 've know'd him 
there ever since he cum to Platte County. He has a fine old 
woman, too ; — she 's a mighty fine woman. She 's always ben 
there to home. But if you don't believe me, ax the Doctor him- 
self. He 's an honorable man ; he an't agoin' to deny it." 

" Do you know whether these men, who thus went over, voted in 
the territory?" 

" Well, I can't say that. They tole me, most on 'em did, as 
they went over, that they was agoin' to vote, and when they cum 
back that they had voted; but, I tell you what, I can't swar to it. 
Look-a-here, young man," broke off the witness, addressing the 
clerk, " read over that thing you 've got; I want to see you keep it 
straight." 

" I will read it over when you get through." 

" Well, I guess that '11 do. You see they sometimes used to 
have kind o' fusses. Some few o' the folks, like myself, did n't 
believe in it ; an' that 's what led to this Tjiiminary business at 
Parkville. They used to say that was an abolition paper, an' 
that it belonged to the Emigrant Aid Society Company & Co. ; but 
I never seed no abolitionism in that paper ; I tuck it too, an' got 
'era yet. That Park, I used to think, was a pretty decent ole 
feller; no more an abolitionist than me, and I'd like to see 
the man 'ud daar call me an abolitionist. You see I was in Park- 
ville at the time the muss came off; an' I seed them smashing 
up things an' throwin' o' 'em into the river. I tell you, I 
couldn't stand it. I jest stepped up and tole 'em that want the 
way to do. Says I, ' Boys, you might as well put my hoss or my 
ole woman's bureau into the river, as that ere press. That 's 
personal property,' says I. An' Dr. says to me, says he, 



96 THE CONQUEST OF KANSAS. 

' Shut up ! you 're a d d old fool ! ' an' says I," — here Mr. 

Thorpe paused, and his eye turned over to the desk where the 
newspaper reporters were sitting, busily engaged, and, pointing 
over towards them, he leaned confidentially forward to Mr. How- 
ard, and said, in what he intended for an undertone : 

" Look-a-here, I did speak darned, sharp to ^e Doctor, and I 
don't want to use any bad words afore rthem smart members o' 
Congress." . 

" 0, never mind," said Mr, Howard, in his dry way, pointing 
with his hand to the reporters' bench, " these smart members o' 
Congress can hear what you have to say." To the clerk, " Don't 
put down any of this Parkville matter, of course." 

" Well," resumed Thorpe, " I couldn't think o' usin' such words 
afore them. The fact is, I spoke pretty sharp, an' he spoke back 
sharper, an' I hit him, an' he pitched into me, an' then we had 
it. It was right down by the river, an' the boys were busy pitchin' 
in them type, an' breakin' up them wooden dishes, an' when the 
Doctor an' I got to fightin', they screeched an' hollered an' went 
to bettin' on it ; an' then some o' them separated us. Well, 
we 've ben good enough friends since. Doctor and myself had 
been drinkin'; fact is they were all a drinkin'." 

" I suppose, then," said Mr. Howard, smiling, " it was merely 
the bad whiskey that did it." 

" 0, no, no ; the liquor was good enough, that wan*t it, but 
you see the boys had been cuttin' up so ; an' says I, ' Boys, this is 
a breakin' down the rights of American citizens,' an' says I " — 

" Mr. Thorpe, can you tell whether any of these men, who came 
into the territory to vote, were paid for doing so ? " 

" Well, now, that 's mighty hard to swar to. You see, I be- 
lieve they really did pay a lot of the boys ; some of them told me 
they did ; but, you see, I can't swar to that. There 's my own 
nephew, — he came all the way up from Howard County, with a 
company to vote. He came over to see me and our folks as he 
went along. I says to him, says I, * Jem Thorpe, han't you 
nothin' better to do than to come way up to vote in the territory ? ' 
Well, he told me that they wan't busy at home, an' that they got a 
dollar a day, an' their expenses an' liquor; an I says, 'Stop, Jem 



WHAT KANSAS AND MISSOURI THOUGHT OF IT. 97 

Thorpe, that 's enough ; you can't stay in my house to-night, and 
nobody can that goes in for votin' in the territory. I tell ye 
what, boy, I Ve always been down on that kind o' thing. I an't 
no abolitionist, neither. I tell you I 'm pro-slave. I 'm dyed in 
the wool, and can't make a free-soiler; but, mind what I say, if 
the boy's keep a cuttin' up so, I '11 come over to the territory and 
'nitiate Betsey.' " 

Here Mr. Thorpe made the " young man read the documents " 
to see if he had " got 'em straight." " Tell you what it is, boys," 
he said, " I 've got to give an account o' all this when I go back 
to the state. I 'm willin' to stand on the truth, but I 've got to 
have it mighty straight." Having got it " straight " enough to 
his notion, he wanted the clerk to sign for him, as he said, " You 're 
more used to that kind of a thing." When he had legalized the 
document with his own hand, he looked at it thoughtfully, and, 
laying his hand on it, sighed as he said solemnly : 

"Well, boys, that's all true, but it an't the tenth part of the 
truth." 

9 



CHAPTEE VII. 

THE BOGUS LEGISLATURE. 

If the outrageous fraud by which the Missourians pretended 
to elect representatives for Kansas astonished the world, the pro- 
ceedings of the conclave of vagabonds, assembled under this mob 
authority, were still more astonishing. Never did a less respon- 
sible body of men assemble under the pretence of making laws. 
The people of Kansas ignored them, and they appeared equally 
willing to ignore the people of Kansas ; and, as for their Missouri 
constituency, it was merely a question as to "honor among 
thieves " as to how far they would comply with their wishes. 

Before the March election the pro-slavery men were suspicious 
of Governor Reeder, and feared that he would, at least, not act 
with them. After the March election, and when Reeder refused 
certificates to those whose seats were contested, open war was de- 
clared against him. Nor did they intend to pay the least atten- 
tion to the governor's autliority in calling a special election. In- 
stead of leaving the people of each district to attend to the legal- 
ity of the election, which concerned them, a number of .the lead- 
ing pro-slavery men in the state and in tlie territory v/ent to the 
governor to induce him, by persuasion and threat, to give certifi- 
cates to all the pro-slavery men elected. Failing to do this, they 
held a meeting at the then seat of government, and passed the 
following resolutions : ^ 

" Shwnee Mission, Jlpril 6th, 1855. 
" At a meeting of a portion of the citizens of Kansas Territory, 
held at the Shawnee Mission on the 6th inst., to take into con- 
sideration the course to be pursued by them in the event of a new 



THE BOGUS LEGISLATURE. 99 

election being called for the purpose of electing members to the 
Kansas Legislature, to fill the places of those who have been re- 
fused certificates of election bj Governor Heeder, a committee 
was appointed for the purpose of presenting some plan for the 
consideration of the meeting. The committee retired, and, after 
short deliberation, presented the following resolutions, which were 
unanimously adopted : 

" Whereas, there are elected, and to Vfhora certificates have 
been granted, a majority of both houses ; and whereas the right 
of ordering a new election is not delegated to Governor Reeder 
by the Kansas bill, except in case of a tie, or where a vacancy is 
caused by death or resignation ; and whereas the right to decide 
all cases of contested elections, for the Legislature, is clearly 
recognized in the Kansas bill, and by the governor himself, as 
belonging to that body alone ; therefore, 

" Resolved^ That, in the event a new election shall be ordered by 
the governor, in any district, we recommend to every law-abiding 
and order-loving citizen of Kansas Territory, not to attend said 
elections, but rely upon the returns already made to sustain the 
claims of those returned heretofore to their seats in each house. 

" Resolved, That the secretary of this meeting have these pro- 
ceedings published in all the public journals of this territory which 
advocate and defend the rights of the citizens of Kansas Territory 
against executive usurpation. 

" The meeting then adjourned. 

'^ J. W. FoRMAN, Chairman. 
" John Martin, SecretaTy." 

In June, Governor Reeder had gone East. On his return, he 
was assailed by B. F. Stringfcllow. Stringfellow called on the 
governor, then staying at Leavenworth, and took him to task 
about some speeches he had made in the East relative to the 
March election, and the share that Stringfel!ow had taken in it. 
After some words, Strino-fellow, takino: advantage of the reclining: 
position of the governor, knocked him down and kicked him. The 
same spirit of violence characterized the proceedings of most of 
these border men. 



100 THE CONQUEST OF KANSAS. 

The Legislature had been convened to assemble at Pawnee, a 
new town which had been laid off on the Kaw river, near Fort 
Ptiley. After being convened, the men elected by fraud at the 
first election being in majority, proceeded to turn out the members 
elected May 22d at the special election. It was on the 4th of 
July that this final outrage was performed, wheij the only legiti- 
mate representatives present were unceremoniously thrust out by 
these usurpers. Their places were given to the pro-slavery men 
whose election had been declared invalid. The ground taken was 
that the governor had no power to call a special election for alleged 
fraud, under the Kansas-Nebraska bill. Nor did they stop there. 
•^ M. p. Conway had been declared elected to the council at the first 
election. He was a free-state man. His case was taken into 
consideration, and he was expelled, his pro-slavery competitor 
getting the seat. Just before his expulsion he sent his resignation 
to the governor. This only left one free-state man in the body, 
Mr. Houston, in the lower house. This gentleman there was not 
the slightest j)retext for ousting. Finding himself thus sur- 
rounded by a group of invaders, who had no right to legislate for 
the territory, he resigned his seat, and withdrew from them. 

Having thus got their body properly purified, they proceeded 
to take another step. They had assembled at Pawnee, which was 
more than a hundred miles from Missouri, on which they had to 
depend. As they intended to enact a code of laws for the ter- 
ritory which would violently outrage the people in it, they did 
not feel altogether safe so far into the territory they had invaded. 
When the Legislature passed the bill adjourning to the Shawnee 
Mission, the governor vetoed it. This measure was then passed 
over the veto by a two-third vote. The governor declared that, 
by the act of removing, the Legislature was dissolved. The po- 
sition taken by him was that the Kansas-Nebraska bill vested this 
power in the governor ; that the territorial officers under federal 
appointment must keep the seat of government where they were 
best able to attend to their duties and the wants of the territory. 
This adjournment would necessarily compel the federal officers to 
move, and the organic act had given the territorial Legislature no 
power over the federal officers. These were the arguments used ; 



THE BOGUS LEGISLATURE. 101 

but there is no question that the governor was heartily sick of the 
Legislature. Their fraudulent character was too palpable. Even 
the certificates they held from him could not cover up the mon- 
strous iniquity ; and doubtless these suggested that the evil was a 
great and radical one, which required and ought to have received 
promptly a great and radical cure. 

The Bogus Legislature adjourned. During this short sojourn at 
Pawnee they indulged in the afiectation of privation and want of 
accommodation. When they started from Missouri, as most of 
them did, they brought camping apparatus with them, and, 
although there was a hotel at Pawnee, they eschewed it, subject- 
ing themselves to the great inconvenience of camping, in order to 
demonstrate the 7iecessity for adjournment. 

At the mission the Legislature were at home ; that is, they were 
nearly so. It was only one mile from the Missouri line, and 
four miles from Westport. Hacks left the mission every evening, 
on the adjournment, taking the members to Westport, and br(wght 
them back next morning. And such splendid junketings and 
racketings these fellows had ! A due supply of spirits was brought 
in bottles and jugs each morning, in order to keep the Legislature 
in spirits during the long summer days. 

The amount of work this body pretended to do was certainly 
imposing. The code of Kansas laws forms a thick and pon- 
derous law-book, the very size and thousand pages of which 
make the bare idea of reading it something fearful. On a mode- 
rate estimate it would have taken them the greater part of the 
time they were in session to have read through it once. The 
laws made by them were chiefly of a local character, all those 
they pretended to make being simply transcripts of the Missouri 
code. To make them conform to the organic act, they were in 
the habit of passing separate acts, defining the meaning of words. 
Thus, in taking up some Missouri law, they would pass a separate 
act, in which it set forth that in " said act " the word " state " was 
to be understood as meaning " territory." In this way the most of 
those acts, or laws, were gotten up, and were passed simply by 
reading the title of the bill. 

So far as there is a difference between the Missouri and Kansas 
9* 



102 THE CONQUEST OP KANSAS. 

codes, the people of Kansas have the worst of it. So far as concerns 
the qualifications of electors, and members of the Legislature, 
official oaths of officers, attorneys and voters ; the mode of select- 
ing officers, their qualification, the qualifications of jurors, and the 
slave code, there is a material difference, not only between the 
code of Kansas and Missouri, but between Kansas and any other 
state, or, indeed, any country, where they are civilized enough 
to have a code of laws. 

Of these enactments the committee of Congress testify : 

" By the ' Kansas Statutes,' every officer in the territory, ex- 
ecutive and judicial, was to be appointed by the Legislature, or by 
some officer appointed by it. These aj^pointments were not merely 
to meet a temporary exigency, but were to hold over two regular 
elections, and until after the general election in October, 1857, 
at which the members of the new council were, to be elected. The 
new Legislature is required to meet on the first Monday in Janu- 
ary, 1858. Thus, by the terms of these 'laws, ' the people have 
no control whatever over either the legislative, the executive, or 
the judicial departments of the territorial government, until a 
time before Vvdiich, by the gradual progress of population, the ter- 
ritorial government will be superseded by a state government. 

"No session of the Legislature is to be held during 1856, but 
the members of the house are to be elected in October of that 
year. A candidate, to be eligible at this election, must swear to 
support the fugitive slave law, and each judge of election, and' 
voter, if challenged, must take the same oath. The same oath is 
required of every officer elected or appointed in the territory, and 
of every attorney admitted to practise in the courts. 

" A portion of the militia is required to muster on the day of 
election. ' Every free white male citizen of the United States, 
and every free male Indian who is made a citizen by treaty or 
otherwise, and over the age of twenty-one years, and who shall be 
an inhabitant of the territory, and of the county and district in 
which he offers to vote, and shall have paid a territorial tax, shall 
be a qualified elector for all elective offices.' Two classes of per- 
sons were thus excluded, who, by the organic act, were allowed to 
vote, namely, those who would not swear to the oath required, 



THE BOGUS LEGISLATURE. 103 

and those of foreign birth, who had dechired on oath their inten- 
tion to become citizens. Any man of proper age, who was in the 
territory on the day of election, and who had paid one dollar as a 
tax to the dierifi, who was required to be at the polls to receive 
it, could vote as an • inhabitant,' although he had breakfasted in 
Missom-i and intended to return there for supper. There Qinjn be 
no doubt that this unusual and unconstitutional provision was 
inserted to prevent a full and fair expression of the popular will in 
the election of members of the house, or to control it by non- 
residents." 

We subjoin copies of three of the most obnoxious laws. One 
relating to the election of all county and local officers by the 
Legislature directly, thus stripping the people of one of their most 
valuable privileges and means of security. Despotic and outrage- 
ous beyond all precedent though this proceeding is, it still was a 
necessary step. Without it, all their laws would have been a dead 
letter. They did not belong to the territory, and the people 
repudiated them, and would their works ; hence the necessity on 
their part to reserve the appointing power in their own hands, so 
that none but their tools should be permitted to execute the law. 

** AN ACT TO ESTABLISH A TRIBUNAL FOIl THE TRANSACTION OF COUNTY 
BUSINESS, AND TO DEFINE ITS POWERS AND DUTIES. 

" Be it eomcted by the Governor and Legislative Assembly of 

Ka?isas Territory. 

*' Sect. 1. There shall, at the present session of the Legislative 
Assembly, be elected by joint ballot of the two houses, for the 
term of four years, a Board of County Commissioners for each 
county in the territory, consisting of three discreet and proper 
persons, actual residents of the county for which they are elected, 
of not less than twenty-one years of age ; and the Legislative 
Assembly shall, every four years hereafter, proceed in the same 
manner to elect a Board of such Commissioners, and the President 
of the Council shall grant each person so elected a certificate of 
his election, signed by the President and attested by the chief 
Clerk of the Council, which certificate shall be by such commis- 



104 THE CONQUEST OF KANSAS. 

sioner deposited for record in tlie Recorder's office of the proper 

county. 

# # # # ^ ^ # 

" Sect. 6. The Board of Commissioners shall appoint all sher- 
iffs, coroners, assessors, collectors, justices of the peace, con- 
stables, and all other officers, commissioners or q,gents, provided 
for by law, within their respective counties, except in such cases 
as other modes of appointment may be provided ; and each officer 
commissioner, or agent, so appointed, shall receive a certificate of 
his appointment, as provided for in the appointment of Clerk of 
the Board of Commissioners aforesaid, and shall in like manner 
cause the same to be recorded." 

The following two relate to the regulating of slavery in the ter- 
ritory, the suppression of free speech and free press. They need 
no comment. 

" AN ACT TO PUNISH OFFENCES AGAINST SLAVE PROPERTY. 

"Sect. 1. Be it enacted by the Governor arid Legislative As- 
sembly of Ka?isas, That every person, bond or free, who shall be 
convicted of raising a rebellion or insurrection of slaves, free 
negroes or mulattoes, in this territory, shall suffer death. 

" Sect. 2. Every free person, who shall aid or assist in any re- 
bellion or insurrection of slaves, free negroes or mulattoes, or shall 
furnish arms, or do any other act in furtherance of such rebellion 
or insurrection, shall suffer death. 

" Sect. 3. If any free person shall, by speaking, writing, or 
printing, advise, persuade or induce any slaves to rebel, conspire 
against, or murder any citizen of the territory, or shall bring 
into print, write, publish, or circulate, or cause to be brought into, 
written, printed, published, or circulated, or shall, knowingly, aid 
or assist in the bringing into printing, writing, publishing, or cir- 
culating in the territory, any book, paper, magazine, pamphlet, or 
circular, for the purpose of exciting insurrection, rebellion, revolt, 
or conspiracy, on the part of the slaves, ft-ee negroes or mulattoes, 
against the citizens of the territory, or any part of them, such per- 
son shall suffer death. 



THE BOGUS LEGISLATURE. 105 

" Sect. 4. If any person shall entice, decoy, or carry away out 
of this territory any slave belonging to another, with the intent 
to deprive the owner thereof of the services of such slave, he shall 
be adjudged guilty of grand larceny, and, on conviction thereof, 
shall suffer death, or be imprisoned at hard labor for not less 
than ten years. 

" Sect. 5. If any person aid or assist in enticing, decoying, or 
persuading, or carrying away, or sending out of this territory, any 
slave belonging to another, with the intent to procure or effect the 
freedom of such slave, or deprive the owners thereof of the ser- 
vices of such slave, he shall be adjudged guilty of grand larceny, 
and, on conviction thereof, shall suffer death, or be imprisoned at 
hard labor for not less than ten years. 

" Sect. 6. If any person shall entice, decoy, or carry away, out 
of an}?^ state or other territory of the United States, any slave 
belonging to another, with intent to procure or effect the freedom 
of such slave, or to deprive the owner thereof of the services of 
such slave, and shall bring such slave into this territory, he shall 
be adjudged guilty of grand larceny, in the same manner as if 
such slave had been enticed, decoyed, or carried away out of this 
territory ; and, in such case, the larceny may be charged to have 
been committed in any county of the territory, into or through 
which such slave shall have been brought by such person, and, on 
conviction thereof, the person offending, shall suffer death, or be 
imprisoned at hard labor for not less than ten years. 

" Sect. 7. If any person shall entice, persuade, or induce any 
slave to escape from the service of his master or owner, in this 
territory, or shall aid or assist any slave in escaping from the ser- 
vice of his master or owner, or shall assist, harbor, or conceal any 
slave in escaping from the services of his master or owner, he 
shall be deemed guilty of a felony, and punished by imprisonment 
at hard labor for not less than ten years. 

" Sect. 8. If any person in this territory shall aid or assist, 
harbor or conceal any slave who has escaped from the services of 
his master or owner, in another state or territory, such person 
shall be punished in like manner as if such slave had escaped from 
the service of his owner or master in this territory. 



106 THE CONQUEST OF KANSAS. 

" Sect. 9. If any person shall resist any officer while attempt- 
ing to arregt any slave that may have escaped from the service of 
his master or OTv'ner, or shall rescue such slave when in the cus- 
tody of any "officer, or other person, or shall entice, persuade, aid 
or assist such slave to escape from the custocl}^ of any officer or 
other person who may have such slave in custod}'', whether such 
slave may have escaped from the service of his rtiaster or owner 
in this territory, or in any other state or territory, the person so 
ofiending shall be guilty of felony, and punished by imprisonment 
at hard labor for a term of not less than two years. 

" Sect. 10. If any marshal, sheriff, or constable, or the deputy 
of any such officers, shall, when recjuired by any person, refuse to 
aid or assist in the arrest and capture of any slave that may have 
escaped from his master or owner, whether such slave shall have 
escaped from his master in this territory, or any state, or other 
territory, such officer shall be fined in a sum of not less than one 
hundred nor more than five hundred dollars. 

" Sect. 11. If any person print, write, introduce into, or circu- 
late, or cause to be brought into, written, printed, or circulated, or 
shall knowingly aid or assist in bringing into, printing, publishing 
or circulating within this territory, any book, paper, pamphlet, 
magazine, handbill, or circular containing any statements, argu- 
ments, opinions, sentiment, doctrine, advice, or innuendo, calcu- 
lated to produce a disorderly, dangerous, or rebellious disaffec- 
tion among the slaves of the territory, or to induce such slaves to 
escape from the service of their masters, or to resist their authority, 
he shall be guilty of felony, and be punished by imprisonment at 
hard labor for a term not less than five years. 

" Sect. 12. If any free person, by speaking or writing, assert 
or maintain that persons have not the right to hold slaves in this 
territory, or shall introduce into this territory, print, publish, 
write, circulate, or cause to be introduced into the territory, writ- 
ten, printed, published, and circulated in this territory any book, 
paper, magazine, pamphlet, or circular, containing any denial of 
the right of persons to hold slaves in this territory, such person 
shall be deemed guilty of felony, and punished by imprisonment 
at hard labor for a term of not less than two years. 



THE BOGUS LEGISLATUIIE. 107 

" Sect. 13. No person who is conscientiously opposed to hold- 
ing slaves, or who does not admit the right to hold slaves in this 
territory, shall sit as a juror on the trial of any prosecution 
for any violation of any of the sections of this act. 

" This act to take effect and be in force from and after the 15th 
day of September, A. D. 1855. 

" J. H. Stringfellow, Speaker of the House. 
" Attest, J. M. Lyle, Clerk. 

" Thomas Johxson, Preside?it of the Council. 
" Attest, J. A. Haldamen, Clerk.'' 

"AN ACT TO PUNISU PERSONS DECOYING SLAVES FROM THEIR MAS- 
TERS. 

" Be it enacted ly the Governor and legislative Assembly of 

Kansas Territory. 

"Sect. 1. If any person shall entice, decoy, or carry away out 
of this territory, any slave belonging to another, with intent to 
deprive the owner thereof of the services of such slave, or with 
intent to effect or procure the freedom of such slave, he shall be 
adjudged guilty of grand larceny, and on conviction thereof shall 
suffer death. 

" Sect. 2. If any person shall aid or assist in enticing, decoy- 
ing, or persuading, or carrying away, or sending out of this ter- 
ritory, any slave belonging to another, with intent to procure or 
effect the freedom of such slave, or with intent to deprive the 
owner thereof of the services of such slave, he shall be adjudged 
guilty of grand larceny, and on conviction thereof suffer death. 

" Sect. 3. If any person shall entice, decoy, or carry away out 
of any state or other territory of the United States, any slave 
belonging to another, with intent to procure or effect the freedom 
of such slave, or to deprive the owner thereof of the services of 
such slave, and shall bring such slave into this territory, he shall 
be adjudged guilty of grand larceny, in the same manner as if 
such slave had been enticed, decoyed, or carried away out of this 
territory ; and in such case the larceny may be charged to have 
been committed in any county of this territory, into or through 



108 THE CONQUEST OF KANSAS. 

which such slave shall have been brought by such person, and on 
conviction thereof the person offending shall suffer death." 

Not satisfied with having usurped their seats, passed outrageous 
laws, setting the territorial executive at defiance, etc., they drew 
up a lengthy memorial, in which they prayed the President to 
remove Governor Reeder. We subjoin the two»most noticeable 
paragraphs in the nieiuoiial : 

" Already threats in advance have been made that no respect 
would be shown to any act passed by this Legislative Assembly, 
whensoever and wheresoever such act or acts may be passed. 
Several papers in the territory boldly advocate this position. A 
man, professing to have been elected to the Legislature (M. F. 
Conway), who afterwards tendered his resignation, advocates this 
doctrine of resistance. The governor is, and has been, on terms 
of intimacy with these very persons ; and, with him as their leader, 
they may be led to the commission of acts which will inevitably 
result in wide-spread strife and bloodshed. 

" In conclusion, we charge the governor, A. H. Reeder, with 
wilful neglect of the interests of the territory ; with endeavoring, 
by all the means in his power, to subvert the ends and objects 
intended by the ' Kansas and Nebraska bill ; ' by neglecting the 
public interests, and making them subservient to prijate specu- 
lation ; by aiding and encouraging persons in factious and 
treasonable opposition to the wishes of the majority of the citi- 
zens of the territory, and the laws of the United States in 
force in said territory; by encouraging persons to violate the 
laws of the United States, and set at defiance the commands of the 
general government ; by inciting persons to resist the laws which' 
may be passed by the present Legislative xYssembly of this terri- 
tory ; and, finally, by a virtual dissolution of all connection with 
the present Legislative Assembly of this territory." 

It was very natural that these Lycurguses should entertain 
doubts about the validity of their enactments. That these might 
have none was very obvious. Hence they resorted to a mode of 
ascertaining their validity in full keeping with their other pro- 
ceedings. Instead of waiting until cases should arise under the 



THE BOGUS LEGISLATURE. 109 

law, thej submitted some one or two of their acts to the Supreme 
Court of the territory. That court was organized at Shawnee, 
Missouri, at that time, doubtless, with some such an object. 
Overlooking the facts that there was no case before them, that 
they were prejudging any case that might arise under the statute, 
that the party who might be interested vras thus condemned with- 
out a hearing, and that the whole proceeding was irregular and 
extra-judicial, the supreme judge, S. D. Lecompte, and one of 
his associates, Rush Elmore, decided in favor of these enactments, 
against the governor's veto, and bolstered up a lengthy and a con- 
fused legal opinion on the subject by the following superb piece of 
irony : 

" In reaching this determination, they had been influenced in 
no small degree by their high appreciation of the constituent ele- 
ments of your honorable bodies. Satit-fied thoroughly that in the 
great requisites of intelligence and public virtue the Legislative 
Assembly of Kansas will compare favorably," etc., etc. 

Nothing could be cooler than that ; and yet we can fancy the 
sardonic grin of even these worthy justices when they penned it. 
An honorable body, many members of which lived in Missouri, 
and who violated their oath of office by usurping that office ; who 
had then plundered the public of right and security by appointing 
their officers for them, and thus imposing a host of foreign petty 
tyrants on them ; who were drunk every night in Westport, and 
often through the day at the mission. This honorable body, how- 
ever, was filling a very important place in a great drama ; a fear- 
fully 'responsible transaction, in which some of the first officers 
of the nation were also implicated. It was, therefore, necessary 
to get up a little effi^rvescence of this kind for circulation at a dis- 
tance ; for I do not suppose that either of those worthy judges 
expected that any one in Kansas or Missouri would do more than 
smile at it. 

Judge Johnson, the other associate judge, dissented from the 
opinion ; affirming that any attempt to decide these laws valid, as 
an abstract proposition, and before a case arose under them, was 
extra-judicial and irregular. 

The attorney-general, a federal officer, also, decided along with 
10 



110 THE CONQUEST OF KANSAS. 

Lecompte and Elmore. This assumption of the powers of the 
bench by this officer v/as of a piece with the conduct of his 
compeers. He appended the following to this elaborate decision, 
immediately under their signatures : 

" I fully concur in the foregoing opinion, and refrain from say- 
ing a word on a subject so well discussed. A. J. Isaacs." 

These gentlemen did not neglect their pecuniary interests. They 
had the assurance to request Reedev's dismissal on account of 
allea-ed land-speculations, and yet immediately commenced similar 
or far more reprehensible ones. They created joint-stock com- 
panies, bestowing upon them extraordinary privileges ; chartered 
prospective railroads, giving them unheard-of privileges ; and these 
charters and corporate trusts they bestowed on their own mem- 
bers. Some few of the leading border ruffians, who had placed 
them in the position they held, received a share of such favors ; 
but the worthy law-makers were accused by their indignant 
friends in Missouri of keeping everything to themselves. 

They located the capital at Lecompton. This was a good specu- 
lation. A large sum of public money was to be expended there 
in building, and an immense plat of town lots v/as formed on the 
selected site. All of the present territorial Legislature, the terri- 
torial executive, and judiciary, are more or less interested in this 
scheme. It is generally believed that each of the members of the 
Legislature got a share in Lecompton for his vote. 

Nor was this all the special legislation of this body. In cre- 
ating the local county courts they appointed themselves to nearly 
everything. They created a major-general and three brigadier- 
generals of the " territorial militia " from their own number. 
William P. Richardson, a member of the council, and really a 
resident of Missouri, was elected to the supreme command, and L. 
J. Eastin, editor of the Leavenworth Herald^ H. O. Stricklar, 
also a member of the council, who pretended to live in the terri- 
tory, having a log shanty on a claim unclosed and unfinished, 
and William Barber, who is a sort of Captain Sutler, brigadier- 
generals. The two last are, in my opinion, also residents of 
Missouri. 

In connection with the acquisitive faculty of this disinterested 



THE BOGUS LEGISLATURE. Ill 

body, I append the following letter, sent by a gentleman in Inde- 
pendence to one in Lawrence, immediately after the adjournment 
of the Legislature. It is a precious morsel of awakened conscience 
and righteous indignation. As an explanation of it, I may state 
that many of the tools of the pro-slavery leaders were thoughtless, 
good-natured young men, who engaged in these enterprises through 
a love of adventure, and because it was fashionable in their neigh- 
borhood. 

''Independence, Mo., Sept. 1, 1855, 
" Sir : Aware, as I am, that in the exposure now made of the 
contemptible mobocratic faction, with which I confess with shame I 
have hitherto acted on the Missouri frontier, I am placed in an 
unenviable situation, upon the maxim that ' the biggest rascal is 
the first to turn state's evidence ; ' still, I am actuated by the belief 
that the best reparation I can make for the injury I have done 
society, the principles of republicanism, and particularly the rights 
of the actual settlers of Kansas, is a full and fair exposition of the 
knavery and oppression of the banditti that has assumed, under 
color of law, to reduce them to the abject condition of slaves. 
And, first, it is true, as has-*been repeatedly asserted by free-soil 
presses, that the body of men lately assembled at the Shawnee 
Mission, in said territory, and which has just adjourned, was com- 
posed mainly of foreigners to the soil of Kansas, and whose actual 
residence was in the State of Missouri. In illustration I furnish 
you an anecdote of an occurrence at the mission, just on the eve 
of the adjournment of these political missionaries. An acquaint- 
ance of a member, who, when elected to represent the Fort Scott 
district, resided, if he does not still reside, at Lexington, Mo., ap- 
peared at the mission and inquired for his friend. He was asked 
' if he wished to see the member from Fort Scott.' His reply 
was, ' Fort Hell ! — I wish to see the member from Lafayette 
County, Mo.' 

" Secondly, it is conceded here, as everywhere, that the election 
was a fraud on the actual inhabitants of the territory, and that 
this legislative body was elected by Missourians. Pardon another 
illustration. The Lawrence district was- known to be free-soil ; 
a body of from five to six hundred Missourians marched upon the 



112 THE CONQUEST OF KANSAS. 

town, armed with guns, pistols, bowie-knives, and two pieces of 
cannon. The ordnance was, however, left with the rear-guard at 
a convenient point some two miles from Lawrence. On their 
arrival thej cast about for a suitable candidate, — one who, while 
subserving their schemes, would di.^grace his ostejisible constitu- 
ents. This creature was called , formerly a waiter and 

hostler at the Union Hotel, in Kansas, Mo., from* whence he was 
dismissed by the proprietor, a free-soiler, because of the inces- 
sant and ultra expression of his ultra and rabid abolition senti- 
ments. It seems, however, that when this army appeared in sight 
a sudden change was effected in the gentleman's views. When 
within hailing distance, this chap, whose enunciatory apparatus is, 
by the by, somewhat irregular and defective, owing to the absence 
of a bridge between his nose and mouth, gave utterance to the 
following announcement : 

*' ' Yente-eng ! Inge 'ro-lavery, 'y 'od ! ' 

" So the army elected him to represent Lawrence. 

" As glaring, as odious, ay, infamous as his perfidy appears, I 
■will show that his compeers were of equal turpitude. In the first 
place, if they concede the existence of a federal government, which 
would seem, from their legislation, matter of doubt, they have, to 
say the least, shown no manner of respect for its enactments. 

" In the second place, they have perpetrated on the citizens of 
Kansas legislation the most invidiously partial, discriminating, and 
oppressive, and which the brief lucid intervals in their drunken 
debauchery failed to palliate or render sufFerable in the judgment 
of all honorable men. But we, their Missouri constituents, might 
have pardoned these enormities, inasmuch as we were not the 
doomed objects of their vengeance, and only suflfered in the good 
opinion of all right-thinking men from our relation to that body, 
— of which most of us are now heartily ashamed, — had our rep- 
resentatives remembered to whom they owed their ' little brief 
authority.' But, so far from it, every railroad company, joint- 
stock or town compan}', proposed to be incorporated, must embrace 
in its numbers a majority of this Legislature. But, worst of all, 
they have the modest delicacy to appoint themselves to nearly all 
the offices created by them dui'ing the session. In this closing 



THE BOGUS LEGISLATURE. 113 

act of treachery they have disappointed the just expectations of 
the veterans who served last March in the army of invasion, and 
whose unparalleled sufferings and servitude in upholding the prin- 
ciples of squatter sovereignty should have been appreciated and 
rewarded. But no. The judgeships, commissionerships, sheriff- 
alties, etc., were all monopolized by our servants ; and we who did 
the fighting, and the ' cavorting^'' and the swearing (when the 
judges of election required it, which was seldom), are left to starve 
at home, or enlist in any fiUibustering enterprise that may offer. 

" In conclusion, I regret to say that Atchison and Stringfellow 
are dead as herrings in Missouri, and that the conservative pro- 
slavery party is ashamed of them, and regard themselves rowelled^ 
and repudiate their policy and tactics in toto. 

"One of the Army or Invasion. 

^' Editor of Herald of Freedom.''^ 

10* 



V 



CHAPTER VIII. 

REMOVAL OF REEDER — GOV. SHANNON — THE BIG SPRINGS 

CONVENTION. 

The administration had determined to remove Reeder. Great 
efforts were made to form a plausible pretext ; for, habitually short- 
sighted although the national executive had become, it had still 
sufficient glimmerings of sense to know that it would never do to 
make the real motive the avowed one. The Missourians on the 
frontier were clamoring boisterously for his removal, and he was 
^© removed accordingly. He was accused of having speculated in 
► Kaw lands. Now he was merely one of a company that proposed 

to purchase a portion of the Kaw half-breed lands, provided the 
general government would sanction such a purchase. The pur- 
chase in question was never made. It would naturally be inferred 
that Gov. Reeder was a large owner of real estate in the ter- 
ritory ; such is very far from being the case. In fact, if the gen- 
eral government intend to dismiss governors of territories for land 
speculation, they may dismiss all the governors we have, or ever 
had. I have yet to learn that the governor of a territory should 
be the only man in it who is prohibited from speculating in 
land. 

On Reeder's removal the office was tendered to Mr. Dawson, 
of Pennsylvania, but he prudently declined. It was then tendered 
to and accepted by Wilson Shannoiv, of Ohio. 

Mr. Shannon is a man past middle age. His form is tall, but 
stoops' forward, and is awkward and inelegant. His hair is gray, 
almost white. With acquirements not much above mediocrity, 
and abilities rather below it, it is difficult to comprehend how he 
could ever have been Governor of Ohio. Not only does his mind 



GOV. SHANNON. 115 

lack in weight, but in stability. Little confidence although the 
public have in the governor, he has still less in himself. His 
crimes, indeed, proceed not so much from his venom as from his 
weakness. He is a politician without being a statesman ; not one 
of the cunning adepts at political chicanery, but a working politi- 
cian, of 'the abject type, who permits himself to be moulded and 
used by others merely for what little honor or interest it may 
afford. His administration will ever be infamous, because it is one 
of the first attempts at subjugating the American people by cor- 
rupt and despotic rulers. He is also another evidence that the 
weakest man is often the greatest tyrant. He is no Nero, although 
like that tyrant he could have fiddled while Lawrence was in 
flames. Neither is he a Duke of Alva. He is one of those men 
who never look in to themselves for an abiding principle ; habit, 
or an innate tendency that way, has made him look out for what 
others said and others would pay for. 

I wish I could throw a few " lights " among these " shadows," 
in order to relieve the pictare, and give it a look of patent impar- 
tiality in the eyes of those whose conservatism prevents them from 
taking anything like an extreme view of either men or things. 
He is, then, a good-natu^red, easy man, except in certain cases. 
A political habit has made him affable to all who are in the circle 
of his possible interests. This disposition has often misled some 
people as to his true position. In his company they would find 
that he professed regard for the interests and rights of all, and 
sometimes deplored or affected to deplore the unfortunate occur- 
rences resulting from his bad management or corrupt intriguing 
with party. Many have thus been led to think and say that " he 
was not such a bad fellow," or that " he was going to do everything 
that was right now ; " and only woke up to the delusion on the 
recurrence of some startling or outrageous act with which he was 
unquestionably connected. 

I do not know that it is necessary to the veracity of an account 
that it> should make the conduct of those it represents sensible or 
even rational. I wish, therefore, to appeal for the veracity of my 
description of him, and to urge that the apparent incongruities 
are incident to the subject. Had Governor Shannon been a good 



116 THE CONQUEST OF KANSAS. 

disciple o^ temperance, he would, in all probability, have been a 
much better or a much worse governor. As it is, he is liable 
to follow an erratic course, and the opinion you form of him 
depends mainly at what particular stage of his potations you 
find him. While a member of Congress, Mr. Shannon often 
gave indication of these symptoms ; but the care, of an estimable 
and affectionate daughter saved him then from much of that depth 
into which he has since fallen. She watched him, guided him, 
kept him sober, and even, it is stated, wisely counselled him on 
his public course. Would that the administration had included 
her name in the territorial appointments ! But he has always 
been a '■^ coTisistent Democrat ;^^ that is, according to the modern 
rendering of the term. His votes on that question (slavery ex- 
tension) have always been thrown for the policy of the South. 
He has filled many important public offices, and has represented 
the United States abroad at more than one nation. 

When Wilson Shannon received his appointment as Governor of 
Kansas he immediately set out for the territory. An effort had 
been made by the border men to secure the appointment of Secre- 
tary Woodson, who had always been true to them ; but, though 
the administration yielded to them in everything else, it insisted 
on choosing the tool. While on his way up the river. Shan- 
non met many of those leading Missourians who had taken an 
active part in invading the territory. With these he associated, 
and cordiality was exhibited in this intercourse, pregnant with 
promise for the future. At Westport, Mo., one of the most vio- 
lent border towns, he was proffered and accepted a public recep- 
tion. Besides convivialities, speeches were made, all relating to 
the policy to be pursued in regard to the territory. To have 
received such ovations, and have such interchange of sentiment on 
Kansas affairs with men who had been engaged in the most law- 
less and outrageous violation of the rights of the people of the 
territory, was certainly inconsistent with the dignity of the Gov- 
ernor of Kansas ; but if a doubt of its impropriety could be enter- 
tained, it was dissipated by the speech he made on the occasion, 
of which the subjoined is the report of the able correspondent of 



GOVERNOR SHANNON. 117 

the Missouri Democrat. Its accuracy has been vouched for by 
many who heaxd the governor. 

" Gov. Shannon began his remarks by thanking the audience for 
their courteous reception. It gratified him, he said, not because 
it was personally flattering, but because it showed that they were 
not disposed to decide on his ' official career ' in advance. It 
showed him that he might rely on ' your aid ' in endeavoring to 
overcome obstacles which he was aware existed, but hoped were 
not insurmountable. 

" A voice — ' Yes, you shall have our aid.' 

" He regretted to see, in certain portions of the territory, a dis- 
position to nullify the laws which have been enacted by ' your 
Legislature.' This was a revolutionary movement greatly to be 
deplored. He ' regretted,' he said, that he arrived too late to 
make the acquaintance of the members of the Legislature. He 
knew nothing of the laws passed by them ; but, from the ability 
and patriotism of the gentlemen who composed it, he doubted not 
that they were wise and judicious. But, even if they were not 
wise and judicious, open resistance and nullification of them was 
not the proper way to defeat their provisions. If they were un- 
constitutional, there were courts to appeal to, which had been cre- 
ated for the purpose of deciding such c[uestions. 

" As to the Legislature that had recently adjourned at the 
"Shawnee Mission, he regarded it as a legal assembly (cheers), and 
thought that the objections to its power, grounded on its removal 
from Pawnee, were puerile, as every Legislature enjoyed the right 
of removing the seat of government at pleasure. The executive 
and judiciary of the territory had acknowledged the Legislature as 
a legal body, and so would he! (Grood.) He regarded the laws as 
binding on every citizen of the territory, and would use all his 
executive power and authority to carry them into effect. (Cheers.) 

" He said it was not his intention to address them on the vari- 
ous questions that divided the parties in the territory ; perhaps he 
did not understand them, and he had not expected to speak on 
this occasion. 

"To one subject, however, he would allude — slavery. His 
official life and character were not unknown to a portion, at least, 



118 THE CONQUEST OF KANSAS. 

of the citizens of Kansas. He had no intention of chane-ino- his 
political faith. He thought, with reference to slavery, that, as 
Missouri and Kansas were adjoining states, — as much of that im- 
mense trade up the Missouri, which was already rivalling the 
commerce between the United States and some foreio-n countries, 
must necessarily lead to a great trade and perpetual intercourse 
between them, — it would be well if their institutions should har- 
Tnonize ; otherwise there would be continual quarrels and border 
feuds. He was for slavery in Kansas. (Loud cheers.)" 

Gov. Shannon has, I believe, denied some of the positions 
reported in this speech ; but, as his subsequent acts have more 
than sustained the position taken, I deem 9JI proof of its correct- 
ness unnecessary. 

As if the fact of having a public reception at Westport was not 
enough, the governor rendered his position still more plain by de- 
clining to visit or hold intercourse with some of the most promi- 
nent towns in the territory. He took up his residence at Shawnee 
Mission, the seat of government chosen by the Missouri Kansas 
Legislature. On his first trip up into the territory he neglected 
to visit Lawrence, then the most important town in it, going on to 
Lecompton, then merely a paper town without a house. Subse- 
quently he had occasion to go through Lawrence, on his return to 
the mission. The people, who of course wished him for a friend, 
if possible, called on him ; he received them with coolness, held 
himself aloof from the citizens of the place, and left as soon as he 
could, having declined any public reception, or to make any 
speech, or in any way to show sympathy with them. His pro- 
ceedings at Westport, coupled with this, aroused the indignation 
of many of the settlers. As he drove oif from Lawrence, on the 
occasion referred to, a few boys evidenced the sentiment he had 
awakened by groaning for him. This was suppressed by the dis- 
creet and conservative, but was, unquestionably, an honest demon- 
stration of the esteem in which he was regarded. 

Such was the state of affairs in Kansas in the summer of 1855. 
An outside Legislature, inimical to their interests, and hostile to 
their persons and opinions, had made laws for them. A partisan 
judiciary had pronounced on the validity of those laws, without 



GOVERNOR SHANNON. 119 

hearing a case. Gov. Reeder, who seemed inclined to do them 
justice, had been removed, and a man appointed who acted with 
their enemies, and who declared that these laws must be obeyed, 
before he entered the territory or had any means of knowing their 
true character, and by whom imposed. Under these circumstances 
there appeared to be but one remedy, and the experience of other 
territories suggested the remedy and supplied the precedent. The 
state movement is one that could have been made with propriety 
at any stage in the affairs of the territory, and which the present 
exigency promptly called for, as a remedy that would -meet the 
case, and restore authority to govern themselves to the people of 
Kansas. In regard to this movement the committee of Congress 
affirms : 

"While these enactments of the alleged Legislative Assembly 
were being made, a movement was instituted to form a state gov- 
ernment and apply for admission into the Union as a state. The 
first step taken by the people of the territory, in consequence of 
the invasion of March 30, 1855, was the circulation for signature 
of a graphic and truthful memorial to Congress. Your committee 
find that every allegation in the memorial has been sustained by 
the testimony. No further step was taken, as it was hoped that 
some action by the general government would protect them in 
their rights. When the alleged Legislative Assembly proceeded to 
construct the series of enactments referred to, the settlers were of 
opinion that submission to them would result in depriving them 
of the rights secured to them by the organic law. Their political 
condition was freely discussed in the territory during the summer 
of 1855. Several meetino;s were held in reference to holdino; a 
convention to form a state government, and to ajDply for admission 
into the Union as a state." 

Mass meetings and conventions were held, and the subject 
freely discussed. The following resolution, adopted at one of the 
primary mass meetings, will evidence the character of the move- 
ment : 

" Resolved, That we, the people of Kansas Territory, in mass 
meeting assembled, irrespective of party distinctions, influenced by 
common necessity, and greatly desirous of promoting the common 



120 THE CONQUEST OF KANSAS. 

good, do hereby call upon and request all horva fide citizens of 
Kansas Territory, of whatever political views or predilections, to 
consult together in their respective election districts, and in mass 
convention or otherwise elect three delegates for each representa- 
tive to which said election district is entitled in the House of 
Kepresentatives of the Legislative Ass'embly, by proclamation of 
Governor Reeder, of date 19th of March, 1855; said delegates to 
assemble in convention at the town of Topeka on the 19th day of 
September, 1855, then and there to consider and determine upon 
all subjects of public interest, and particularly upon that having 
reference to the speedy formation of the state constitution, with an 
intention of immediate application to be admitted as a state into 
the Union of the United States of America." 

The first convention was held at Big Springs on the 5th of 
September, 1855. It was numerously attended. One hundred 
delegates were present, and they represented every district and 
settlement in the territory. This convention had several objects. 
In the first place, it repudiated the laws and officers of the Mis- 
souri Kansas Legislature, and declared that body to be an illegal 
usurpation. They made a call for another delegate convention to 
be holden at Topeka on the 17th of that month, to determine 
whether a movement to organize Kansas as a state should be set 
on foot. But the most important act of this convention, and what 
made it the starting-point in these afi'airs, was the nomination of 
a candidate for delegate to Congress. Amongst their other acts 
the Bogus Legislature had made provision for an election to be 
held October 1st. As this act could no more be recognized than 
any other of a body declared illegal, and as the qualifications 
required of voters, in the shape of test oaths and tax, were irreg- 
ular, in violation of their primary rights, oppressive, and illegal, 
they determined to hold an election on a difierent day. This 
election was to be regulated by the prescribed rules of the March 
election, excepting so far as appointing judges, etc., was concerned. 
As Governor Shannon was hostile to the movement, and recognized 
the validity of the Missouri Kansas Legislature, he, of course, was 
not going to appoint judges of election, or receive returns. Pro- 
visions were made for this by an " executive committee," which 



BIG SPRINGS CONVENTION. 121 

was created and endowed with provisional authority to assist in 
organizing a state government. 

Subjoined are the most important of the proceedings of this 
body:* 

"Whereas, the constitution of the United States guarantees to 
the people of this republic the right of assembling together in a 
peaceable manner for their common good, to ' establish justice, 
ensure domestic tranquillity, provide for the common defence, pro- 
mote the general welfare, and secure the blessings of liberty to 
themselves and their posterity ; ' and whereas the citizens of Kansas 
Territory were prevented from electing members of a Legislative 
Assembly, in pursuance of a proclamation of Gov. Reeder, on the 
30th of March last, by invading forces from foreign states coming 
into the territory and forcing upon the people a Legislature of non- 
residents, and others inimical to the interests of the people of 
Kansas Territory, defeating the objects of the organic act, in con- 
sequence of which the territorial government became a perfect 
failure, and the people were left without any legal government, 
until their patience has become exhausted, and ' endurance ceases 
to be a virtue ; ' and they are" compelled to resort to the only 
remedy left — that of forming a government for themselves. 
Therefore, 

" Resolved, by the people of Kansas Territory, in delegate con- 
vention assembled, that an election shall be held, in the several 
election precincts of this territory, on the second Tuesday of Oc- 
tober next, under the regulations and restrictions hereinafter 
imposed, for members of a convention to form a constitution, adopt 
a bill of rights for the people of Kansas, and take all needful 
measures for organizing a state government, preparatory to the 
admission of Kansas into the Union as a state. 

'« Resolved, That a committee of seven be appointed by the chair, 
who shall organize by the appointment of a chairman and secretary. 
They shall keep a record of their proceedings, and shall have the 
general superintendence of the affairs of the territory, so far as 
regards the organization of a state government ; which committee 
shall be styled 'Tue Executive Committee of Kansas Terri- 
tory.' 

11 



122 THE CONQUEST OF KANSAS. 

" Resolved, That we owe no allegiance or obedience to the 
tyrannous enactment of this spurious Legislature ; that their laws 
have no validity or binding force upon the people of Kansas, and 
that every free man amongst us is at full liberty, consistently with 
our obligations as a citizen and a man, to defy and resist them, if 
he choose to do so. • 

" Resolved, That we will resist them primarily by every peace- 
able and legal means within our power, until we can elect our 
representatives, and sweep them from the statute-book ; and that, 
as the majority of our Supreme Court have so far forgotten their 
ofl&cial duty, have so far cast off the honor of the lawyer and the 
dignity of the judge, as to enter, clothed with the judicial ermine, 
into a partisan contest, and, by an extra-judicial decision, given 
opinions in violation of all propriety, have prejudged our case 
before we could be heard, and have pledged themselves to these 
outlaws in advance, to decide in their favor, we will, therefore, 
take measures to carry the question of the validity of these laws to 
a higher tribunal, where judges are unpledged and dispassionate; 
where the law will be administered in its purity, and where we 
can, at least, have the hearing before the decision, 

" Resolved, That we will endure and submit to these laws no 
longer than the best interests of the territory require, as the least 
of two evils; and will resist them to a bloody issue as soon as 
we ascertain that peaceable remedies shall fail, and forcible resist- 
ance shall furnish any reasonable prospect of success ; and that, 
in the mean time, we recommend to our friends throughout the 
territory the organization and discipline of volunteer companies, 
and the procurement and preparation of arms. 

" Resolved, That we cannot, and will not, submit quietly to the 
surrender of our great ' American birthright,' — the elective fran- 
chise, which, first by violence, and then by chicanery, artifice, 
weak and wicked legislation, they have so effectually accomplished 
to deprive us of ; and that we with scorn repudiate the ' Election 
Law,' so called, and will not meet with them on the day they 
have appointed for the election, but will, ourselves, fix upon a 
day for the purpose of electing a delegate to Congress." 

In pursuance of this latter resolution steps were taken to hold 



BIG SPRINGS CONVENTION. 123 

a popular election for delegates to Congress on the second Tuesday 
of October, 1855. The convention put the name of A. H. Reeder 
in nomination. Governor Keeder accepted his nomination in a 
speech of more than usual fervor. 

" As he paused, there was, for an instant, a deep silence, as 
when a question of life or death is being considered ; every man 
drew a long breath, but the next instant the air was rent with 
cries, ' Yes, we will strike ! ' ' White men never can be slaves ! ' 
' Reeder ! ' ' Reeder ! ' ' Nine cheers for Reeder and right ! ' 
During his speech he had been constantly interrupted by shouts 
and shaking of hands ; but now the enthusiasm was ungovernable, 
the crowd gathered around him with the warmest greetings." 

A platform was chosen, at this convention, for a free-state 
party, and the effort made to organize all under it in a movement 
to secure the admission of Kansas as a free state. Below is a 
preamble, and a synopsis of the resolutions : 

" Whereas, the free-state party of the Territory of Kansas is 
about to originate an organization for concert of political action 
in electing our own officers and moulding our institutions ; and 
whereas it is expedient and necessary that a platform of princi- 
ples be adopted and proclaimed, to make known the character of 
our organization, and to test the qualifications of candidates and 
the fidelity of members; and whereas we find ourselves in an un- 
paralleled and critical condition, deprived by superior force of 
the rights guaranteed by the Declaration of Independence, the 
Constitution of the United States, and the Kansas Bill; and 
whereas the great and overshadowing question, whether Kansas 
shall become a free or slave state, must inevitably absorb all other 
issues, except those inseparably connected with it ; and whereas 
the crisis demands the concert and harmonious action of all those 
who, from principle or interest, prefer free to slave labor, as well 
as of those who value the preservation of the Union, and the 
guarantees of republican institutions by the constitution." 

The first resolution invites men of all parties to join in the 
movement. The second resolution denounces non-resident voters, 
no matter where from. The third declares it the policy that 
Kansas must be a free state. The fourth expresses a determina- 



124 ' THE CONQUEST OF KANSAS. 

tion to make " reasonable provision " for slaves now in the terri- 
tory. The fifth resolution, that no negro, bond or free, shall be 
permitted to come to the territory (this being the celebrated black- 
law feature). The sixth repudiates the charge of " abolitionism," 
as affixed to the free-state party. The seventh asserts the doctrine 
of state rights, and discountenances any interference with the 
constitutional rights of the state to regulate their domestic affairs. 
Sundry other resolutions and reports were adopted. 



CHAPTER IX. 

DELEGATE ELECTION — TOPEKA CONVENTION. 

There were two Topeka conventions. The first, a primary one, 
decided that the territory should be organized into a state, and 
provided the means. Kelative to the proceedings of this body, 
the committee of Congress report : 

" They met at Topeka, on the 19th day of September, 1855. 
By their resolutions they provided for the appointment of an 
executive committee, consisting of seven persons, who were required 
to ' keep a record of their proceedings, and shall have a general 
superintendence of the affairs of the territory, so far as regards 
the organization of the state government.' They were required to 
take steps for an election to be held on the second Tuesday of the 
October following, under regulations imposed by that committee, 
* for members of a convention to form a constitution, adopt a bill 
of rights for the people of Kansas, and take all needful measures 
for organizing a state government, preparatory to the admission of 
Kansas into the Union as a state.' The rules prescribed were 
such as usually govern elections in most of the states of the Union, 
and in most respects were similar to those contained in the procla- 
mation of Governor Reeder for the election of March 30, 1855." 

The election for delegates to the constitutional convention was 
held at the same time that the free-state settlers voted for dele- 
gate to Congress. The pro-slavery residents of the territory 
refused to act with them, the existing state of affairs being exactly 
suited to their policy. On the 1st of October, Whitfield received 
some three thousand votes for delegate,' at the election fixed by the 
Bogus Legislature, and received a certificate from Governor 
Shannon. There is no question but what over two thousand of 
11# 



126 THE CONQUEST OF KANSAS. 

the votes given were illegal votes. By the report of the com- 
mittee upwards of eight hundred of these have been proved to be 
illegal ; but the committee did not institute a very thorough search 
into this election, deeming it more important to investigate the 
March election. In the different precincts tlie people voted for 
delegate, throwing twenty-eight hundred and sixteen votes for 
Keeder. In some of the precincts, such as Atchison, Kickapoo, 
Shawnee, Church, and one or two other pro-slavery points, no vote 
was allowed to be taken. 

About this time there was a rather humorous illustration of 
border ruffian interference. The Bogus Legislature, amongst its 
other business, divided the territory into counties. Either by 
accident, or on account of the multiplicity of business before them, 
they neglected to locate all the county seats. In most of the 
counties this was a matter of no consequence, as the settlers paid 
no more attention to the location of counties than to the other 
action of that body. In the case of Leavenworth, however, there 
was an interesting contest. The city of Leavenworth, although it 
contains a majority of free-state men, so far recognizes the Bogus 
Legislature as to accept a city charter under it. In doing this, 
and in much of the subsequent conduct of the people there, they 
were influenced partly by business considerations, and partly by 
timidity. Although the resident pro-slavery population was 
smaller than that of the free-state, still it was numerous. Again, it 
is situated just over the river from Platte County, — a convenience 
which has its drawbacks as well as its advantages. The business 
men of both parties in Leavenworth were not so wrapt up in 
politics as to overlook money-making. An election was held in 
Leavenworth County to locate the county seat. This occurred 
early in October. Three points contended for the honor. Leav- 
enworth, the largest, and now the largest city in the territory, 
felt sure of it ; so sure that no very special effort was made. 
Kickapoo was another contestant. Kickapoo is a river town, be- 
ing some ten miles up the Missouri river from Leavenworth. It 
is a cotton-wood town of the '* great futurity " school, and does a 
heavy business in the whiskey-retailing line. The other point, 
Delaware, is also a river town, eight miles below. This latter 



DELEGATE ELECTION — TOPEKA CONVENTION. 127 

place has an admirable faculty for making a great place, there 
being scarcely anj^thing of it now. 

As Delaware and Kickapoo, added together and multiplied by 
two, would not make Leavenworth, it was clearly evident to both 
modern Kickapoo and Delaware that it was a hopeless case unless 
'' something was to turn up." Previous elections had taught them 
a lesson, and furnished a valuable precedent. Western Missouri 
is just over the river from Kickapoo, and many of the citizens of 
the former place have an interest in the latter. So it is with Del- 
aware ; many of the most deeply interested speculators in this yet- 
to-be Babylon live in Clay and Platte Counties, Missouri. Under 
these circumstances it is not wonderful that it was not difficult 
to arouse an interest in this election in Missouri. Another thins: 
against Leavenworth — it was reputed to be an " abolition hole." 
The election came off. Leavenworth polled some five or six hun- 
dred votes, which I suppose the town and county adjacent could 
do at that time. Between Kickapoo and Weston the steam-ferry 
ran free all day. Missourians poured over as they had done at 
former elections, being naturalized in the ferry-boat by a cere- 
mony in which whiskey, bread and cheese, figured extensively. 
Kickapoo, which might have been able to poll one hundred and 
fifty votes, rolled up eight hundred for the county seat. 

At Delaware, also, they attended to their interests. A steamer 
was chartered to run between Delaware and any point on the 
other side where there were voters. Public sentiment was aroused 
by a band of music, free whiske}'-, and other edibles, and kept 
aroused by objurgations on the " d — d abolitionists of Leaven- 
worth ! " Delaware struck out a new feature in electioneering. 
Instead of being satisfied with one day's voting, they kept their 
polls open and the boat running until they had time to ascertain 
how many votes had been polled at Kickapoo, and also as much 
longer as it required to make up a larger vote. By the evening 
of the third day they had obtained nearly nine hundred (they 
could not have thrown more than fifty legal votes) ; so the polls 
closed in triumph. The first authority, to whom these election 
returns were made, declared in favor of Kickapoo ; deciding that 
keeping polls open for three days was an "unheard of irregular- 



128 . THE CONQUEST OF KANSAS. 

ity." Kickapoo was jubilant. Leavenworth felt sore. Her pro- 
slavery men were grievously indignant. So long as this kind 
of operation had been directed against the " abolitioners," it was 
fun ; but now they began to realize a touch of " squatter sover- 
eignty, as enunciated in the Kansas-Nebraska bill." The Leav- 
enworth Herald, whose pro-slavery editor had been a member of 
the Bogus Council of the Shawnee Mission, began to print moral 
lessons and homilies on the " tendencies of these things." All of 
the respectable, which means the property-holding, pro-slavery 
men about Leavenworth, looked solemn; so much so that their 
friends were seriously apprehensive that they would " ketch re- 
ligion." 

The Kickapoo Pioneer, a fire-eating, pro-slavery paper, taunted 
Mr. Easton, of the Leavenworth Herald, about his sudden conver- 
sion to the " purify-the-polls " doctrine ; and finished a somewhat 
sarcastic article by asking, " Who elected you to the Legislature ? " 
This was severe, but fair. In the dilemma, the Herald got off the 
following interesting morsel, being part of a " grievous article " 
two columns lono; : 

*' Much has been said by the abolition presses throughout the 
country about ' armed invasions of Kansas by the border ruffians 
of Missouri ; ' but, as we then asserted, and still assert, they were 
acting solely in self-defence ; and history will tell of the purity 
of their purposes, and of the justice of the cause they vhidicated. 
They came here actuated by the noblest of human sentiments, 
determined to ward off a blow v/hich was aimed against their 
institutions, and against their peace. As such, with open arms 
we welcome them; and, when victory crowned our common efforts, 
and the black flag of abolitionism was trailed in the dust, how 
grateful were the feelings which we experienced to those who had 
rallied with us to a hand-to-hand encounter with the aggressive 
foes! 

" But, did any pro-slavery man in or out of Kansas for a 
moment imagine that, by reason of such elections, Kansas had sur- 
rendered unconditionally, and that Missouri had made the conquest 
of the territory for the sole use and benefit of Platte County upon 
her border ? and, worse than this, to be made the plaything and 



DELEGATE ELECTION — TOPEKA CONVENTION. 129 

puppet of a few demagogues and hucksters in Weston and Platte 
city? The idea is simply absurd." 

Absurd though it might be, it still was a " fixed fact." Even 
Kickapoo had to bite the dust before the sovereign will of *' ma- 
jority." The election was referred to a courts which decided in 
favor of Delaware. This was, at least, consistent ; for, as all the 
pro-slavery courts, which means all the courts in the territory, had 
decided in favor of bogus authority, it was not going to do to 
establish so dangerous a precedent as setting an election aside on 
account of any irregularity. 

The Constitutional Convention assembled at Topeka on the 
twenty-third of October, 1855. It was by far the most respect- 
able body of men, in point of talent, that ever convened in Kan- 
sas ; indeed, it would have compared favorably with legislative 
bodies anywhere. Talent and the weak vanity which apes it were 
there ; true virtue and a more plastic school of morality ; patri- 
otism and Rumber-one-ism ; " outside influence " and a lobby ; 
sober, staid, business habits, brandy, temperance, whiskey, prayers 
by the chaplain, profanity, and oyster-suppers. It lacked in none 
of the great essentials. 

It was composed of three distinct classes in, I should suppose, 
nearly equal proportions. First, there were the stern men of 
unyielding principles, who realized the full responsibility of the 
struggle in Kansas ; and, in doing so, felt the necessity of making 
the interests of the cause the only consideration until a happier 
state of things could be brought about. Then there was a class, 
mostly 3'oung, who, while deeply sensible of the interests of Kan- 
sas, were not entirely oblivious to their own. These were true 
citizens and first-rate free-state men. They were determined to 
do their duty by the country, and that Kansas should go ahead 
as a free state, and that they should go ahead with it. They 
were not anxious about any present emolument, as the facilities 
for obtaining it were moderate, very ; but, aware that Kansas had 
to cut her future greatness out of her present " raw material," 
were anxious to be manufactured into the great men aforesaid. 
The third class was one more difficult to describe. It consisted of 
politicians who were — no, not broken down, as that they only 



130 THE CONQUEST OF KANSAS. 

would have been if they had stayed at home ; but, in short, of 
" men who had seen some little of their country's service." Some 
of these gentlemen came to Kansas without any ostensible occu- 
pation, but all of them had " served their time " at working in 
wire. As manoeuvring is an essential part of legislation, now-a- 
days, they were highly useful. They were determined not to let 
the press of more important business permit them to neglect the 
proper formation of parties in the territory. As this was merely 
a philanthropic desire to prevent the spread of political unortho- 
doxy, they were, of course, highly commendable. That they elec- 
tioneered with the young members was natural ; they electioneered 
with everybody. As soon as such characters see a man they 
approach him by the irresistible force of political gravitation. 
They grapple him by the button-hole, and, with head anxiously 
bent towards their victim, they explain " the meaning of all this." 
It may be that they were eloquent on the excellence of some party, 
which was perfect, immutable, and eternal ; or the formation of a 
" vstate ticket " as soon as Kansas should " come into our glorious 
Union." If the latter, the victim was assured that he "must be 
a candidate for something ; " " the public cannot afford to lose his 
services." And, if the victim blush, or hesitate, or say something 
about " not caring for office, only will let my friends do as they 
please," the politician goes off in a wrapt study for a moment, and 
then, as if inspired by an idea, releases the button-hole, and, slap- 
ping the victim on the shoulder, exclaims, "Look here, I have 
it — I'll attend to this ! The fact is we must act tosrether. Union 
is strength, you know." Our politicians are adepts at that trick. 
Like Satan, they make free to offer *'all the kingdom in the 
world" to those who will " fall down and worship them." 

I do not say that such was the particular convention at Topeka, 
in order to show it was a corrupt body. I believe, take it all 
in all, it was as honorable and devoted as any representative body 
ever is in these times. Their self-denying position was a guaran- 
tee for their sincerity. I only mention it to show that, in all the 
great requisites for modern law-making, it was " nothing lacking." 
One feature there was not in the convention, that is, a pro-slavery 
delegate. There were men from the South, however. 



DELEGATE ELECTION — TOPEKA CONVENTION. 131 

Most of the states in the Union were represented. The close- 
calculating man from " way down east," in Maine or New Hamp- 
shire, the impulsive and proud South Carolinian, the astute and 
earnest thinker from Massachusetts, the hospitable and frank 
member from Kentucky or Tennessee, a politician from New 
York, an old hunker or fossiliferous Whig from Pennsylvania, or 
an Ohio man who had "left that state because he was growing 
fanatical." Then there was a fair sprinkling from the Western 
States, — Suckers, Wolverines, Hoosiers, with some who had been 
to Iowa or Wisconsin. The " Old Dominion" had a couple of 
representatives who dated from the pine-girt hills of Roanoke. 
There was an English clergyman ; a Baptist preacher from 
Missouri, of what particular " shell " I cannot say, for he kept 
his religion within it while at Topeka. A son of the " Emerald 
Isle " was also there. He had lived in Indiana, in Tennessee, — 
but I tire the reader. 

The business of the convention progressed with considerable 
expedition. There was, of course, the usual amount of speechi- 
fying ; but no more than was requisite for the ''political economy " 
of the body. The majority of the members worked night and 
day, — by day in the hall, at night in the committee-rooms. Each 
man who could get a copy of the constitution of the state he came 
from, did so, and when anything varying from that standard was 
offered, rose to explain that such a feature " was not in the consti- 
tution " of " Indiany," or " Pennsylvany." By dint of the friction 
a constitution was produced, — as good a specimen of organic law 
as can be found in the West, with rather less of a statutory char- 
acter than is usually placed in such documents. 

By this constitution it was decided that " slavery shall not ex- 
ist in the state ; " although, by express provision, those slaves now 
in the territory are permitted to be held in it until July 4th, 1857. 
The boundaries are those laid down in the Kansas-Nebraska bill ; 
althouorh a definition of the boundaries to include only tT\'o hun- 
dred miles of the north-eastern portion was strongly advocated. 
Married women, under this constitution, are to be secured their 
right to property obtained either before or after marriage, and an 
equal right to control or educate their children. In all prosecu- 



132 THE CONQUEST OF KANSAS. 

tions for libel, the truth, as alleged, is to be given in evidence, and 
received as a justification. A state university and normal schools 
are to be established. The judiciary is to be elective. Civilized 
and friendly Indians are to be admitted to citizenship. An amus- 
ing discussion occurred on this measure, relative to the words in 
the report, when drafted, " shall conform to the habits of the 
whites;" it being believed that some of the "habits of the 
whites " would make a rather singular basis for the elective fran- 
chise, or political power generally. It was suggested that the ca- 
pacity to drink a pint of raw whiskey be deemed an evidence of 
" conforming to the habits of the whites." Topeka was selected 
as the temporary seat of government; the location of a perma- 
nent seat being left with the Legislature. Some little time was 
consumed by a venerable Whig from " the Commonwealth of Penn- 
sylvania," who wished that Kansas be not called a state, but the 
" Commonwealth of Kansas." The proposition was not adopted. 

To this constitution there were two addenda. One of these 
was a provision for a free banking system. The other was a reso- 
lution of instructions to the first Legislature, requiring them to 
frame a law to exclude free blacks from settling in the territory. 
These two were to be submitted to the people as separate articles. 
The article relative to the exclusion of free negroes, called the 
" black-law," created considerable discussion. Many wished to 
include it in the constitution. This resolution was one of the 
humbugs, or tests, which decide nothing, while they create a party. 
In deciding upon its merits neither Legislature nor people took a 
true or comprehensive view of the question. To have a commu- 
nity of white people only is certainly desirable ; but, instead of 
discussing this in connection with its comparative justice and hu- 
manity, the whole issue turned thus. An advocate of the measure 
would get a man by the button-hole, and say : 

" Look here, — this black -law is a great thing. They accuse 
us Kansas folks of being abolitionists. Now we an't abolition- 
ists, are we ? " 

" No, SIR ! " 

" No, sir-ee — I know we an't ; so the thing is to vote for the 
'black-law,' and that v»'ill prove we an't ' abolitionists.'" 



DELEGATE ELECTION — TOPEKA CONVENTION. 133 

So Kansas voted for the " black-law " to demonstrate that she 
was not an " abolitionist." 

It was on a Saturday night when the convention drew its labor 
to a close. For some days back the revising committee had been 
working night and day. At last the organic law was finished, and 
the m-enibers of that convention clustered round to sign it. Their 
names stand recorded in the order I take them. 

Robert Klotz. — Major Klotz was a Pennsylvania Democrat, 
of the days when there was a Democracy in Pennsylvania; but 
he eschews the " national " kind. He was an officer in Mexico, 
and served gallantly at the National Bridge. He has reddish hair 
and Tfhiskers, which circle his good-humored face like a flame of 
fire ; and he has a happy faculty for laughing himself, which gen- 
erally spreads like contagion whenever he gets on his feet to speak. 
He did not indulge in long speeches ; but would occasionally rise 
with a sharp or sarcastic question " for information," and spoke 
whenever he fancied anything wrong was about to occur. 

Marcus J. Paerott. — Mr. Parrott is a lawyer, — a South Car- 
olinian by birth, but who came from Ohio to Kansas. He is a 
young man of dark complexion and Southern temperament. He 
was an administration Democrat when he came to Kansas ; but 
I scarcely feel safe in laying down dates for the opinions of this 
class of politicians after they have experienced " squatter sove- 
reignty as enunciated under the Kansas Nebraska bill." Of 
thorough acquirements and profound thought, he was yet paralyzed 
by a listless indolence truly Southern. 

Mark W. Delaiiay is a character, — a Democrat of the 
" majority " kind. He came to Kansas a worshipper of " squat- 
ter sovereignty as enunciated," etc. ; and regarded Stephen A. 
Douglas as the " greatest moral hero of the age." Mr. Delahay 
spoke often. In person he is tall and dignified ; for his face, take 
a portrait of the Czar Nicholas, and add a little saturnine expres- 
sion. When he speaks, he has a habit of leaning forward and 
poking out his arm, with his hand and forefinger stretched as if he 
had got an idea on the end of it, and was anxious to send it home. 
He said in the Convention that he " would as soon buy a nigger 
as buy a mule ; " which I believe ; and, indeed, think he would 
12 



134 THE CONQUEST OF KANSAS. 

rather, if he got it for the same money. He was the laborious 
advocate throughout the session of a resolution to endorse, save 
and redeem Douglas and his Kansas Nebraska bill. As a politi- 
cian he is earnest, as a free-state man conservative, as a gentle- 
man bland and serene. He is not a Maine-Law fanatic. 

W. li. Griffith I do not clearly remember. The ghost of 
something like a quiet figure, rising once or twice to a point of 
explanation, comes occasionally and vaguely on ray mental retina, 
and makes me think I have seen him ; but I will not be positive. 

G. S. HiLLiER. — Mr. Hillier is a Western man. I think he 
was a Whig, but has been a Republican in Kansas. He is tall, 
pleasant-looking, and, I think, a family man, from his appearance. 
He spoke often briefly, but never made a formal speech, and 
seemed to think it more important to " watch " than to pray. 

Wm. Hicks was a quiet member, who, in remembering he was a 
free-state man, seemed to sink most of his other political views. 
He voted quietly and consistently. 

S. N. Latta. — Judge Latta has been a conservative Whig ; 
sympathized with the conservative national men, and finally grew 
into a conservative Republican. He is a very useful man withal. 
Never made a speech of any length, but spoke when he had some- 
thing; to sav. He is a tall man, of uncertain as-e, and a bachelor. 

John Landis looks like a border ruffian ; but he is not. A 
right stanch, good free-state man he has been. I am not positive 
about his politics, but I think he is some kind of a Democrat. 

C. W. Stewart, H. Burson, J. M. Arthur, and J. L. Sayle. 
— These are very fair specimens of the quiet members of the 
convention. They spoke occasionally, but never inflicted speeches. 
They are Western men, or have been for some time in the West. 

Caleb IMay is a character; a Missourian, tall, dark-vis- 
aged and stern. He is one of those men you would not like to 
meet for an enemy. He was a free-state man, of the black-law 
school, but had a remembrance that he had been a Democrat. 
He was a good and true man, however, but rigid and stern. 

Samuel Mewiiinny spoke seldom in the convention, but was 
listened to respectfully when he did. 



DELEGATE ELECTIOiN: — TOPEKA CONVENTION. 135 

A. Curtis. — Mr. Curtis spoke often, but never long. He was 
zealous on the black-law. 

Almon Hunting is one of those dark-garmented, white neck- 
clothed, estimable gentlemen, whom you can no more convert 
into a Western man by bringing him West, than you can cultivate 
an Osage orange into a dahlia. He is an elderly gentleman. 
He was a working man, and kept a close watch of business. I 
think he is a Republican. 

K. Knigut. — The Rev. Richard Knight was an Englishman 
and a clergyman. A man of ability, he was fully conscious of its 
possession. As chairman of the Committee on Education, he 
devoted much of his attention to that department. An ultra anti- 
slavery man, he carried his opinions to an extreme which prevented 
him from having sufficient respect for those who differed from him. 
He was tall, and striking in figure, but not handsome. Cold, 
self-possessed, and selfish, he walked through the convention not 
loved, but respected. 

0. C. Brown. — Mr. Brown, like the other members of the 
great family of Brown, was a person of some consequence, and 
rather a prominent member. 

W. Graham. — Dr. Graham is a son of the Emerald Isle, 
although you would scarcely recognize him as one. He has been 
in Tennessee and Indiana, and, I believe, some other states, and 
has become westernized. He is a short, chunky man; was a 
Democrat till his party went off and left him. 

Morris Hunt. — Philosophers who find a resemblance between 
sound and sense will trace a pleasant instance in our friend 
Morris Hunt ! How pleasant and euphonious the name ! and just 
so the pleasant-faced, blue-eyed down-easter. Judge Hunt, be- 
sides one labored speech, made a great many less ambitious efforts. 
He had been a Whig ; may be one yet, for aught I know. 

J. H. Nesbitt. — Mr. Nesbitt might have set for Rembrandt's 
" Jew ; " dark-visaged, and dark-bearded. He took a fair share 
in the proceedings, and was of the Democrats. 

C. K. HoLLiDAY. — Mr. Holliday is a Pennsylvanian, a lawyer, 
and a man of ability. He was often out of the hall, but held a 
respectable position when in it. 



136 THE CONQUEST OF KANSAS. 

David Dodge. — Mr. Dodge carag from Iowa to Kansas, and I 
forgot where he was from formerly. He was a lawyer, a bachelor, 
and a Democrat ; the two latter phases he may change, as he is 
young yet. He is one of those fine young men, whom I can conscien- 
tiously recommend to all mothers of marriageable daughters. He 
introduced quite a creditable proposition about the location of the 
capital. It was a theory, however, and theory now-a-days never 
locates capitals. 

J. A. Wakefield. — I have already given some account of the 
judge, and must not trespass on the reader's patience ; but to 
dismiss the venerable gentleman in thi^way w^ould not do. What 
should we have done at that Topeka Convention without those 
speeches of Judge Wakefield's ? There was something delicious in 
them, which broke the dull monotony of egotism and politics. 
The judge is an old man. He is a Western man ; a Virginian 
to begin with. He has been in Kentucky," Eelenoy," Iowa, and 
was one of the first settlers in Kansas. The judge, amongst his 
other accomplishments, has a faculty for quoting Latin. He has 
" ben a judge whar there was thirty lawyers a practisin' ; " has 
filled a prominent sphere in politics. He fills a lai*ge sphere any- 
where. 

W. Y. HoBERTS. — Mr. Roberts came from the State of Penn- 
sylvania. He has been in the Legislature of that state, a fact of 
which he informed the convention repeatedly during the session. 
Tall, rigid, slim, and attenuated, he looked like a mummy which 
had undergone the process of resuscitation. Upon parliamentary 
usage he WHS au fait. It was delightful to contemplate him as 
he rose to correct some juvenile members for a breach of rules, or 
to explain considerately to the unenlightened how such and such 
things ought to be. On these occasions his small eye glistened 
with all the enthusiasm of a man who feels how much of a blessing 
it is for the world to enjoy his services, and he pointed his long, 
bony finger, as if both Cushing's and Jefi"erson's manuals were 
condensed at the end of it. He was the living impersonation of a 
Pennsylvania Hunker Democrat. 

Gr. W. Smith. — When I first saw the portly and venerable 
figure of Judge Smith I regarded him as the " tallest man " in 



DELEGATE ELECTION — TOPEKA CONVENTION. 137 

the convention. He was a Pennsylvania Whig, slightly old fbgy- 
ish. The judge has seen some little public service in his time, 
and is, upon the whole, a sensible man. He made good speeches, 
but rather lost caste on account of some voting, which the critical 
did not choose to regard as consistent. He is an open and frank 
personage. 

J. A. Thompson I have been trying to remember. I have a 
favorable impression of him, though my memory will not carry me 
into the particulars. 

G. A. Cutler. — The doctor is a young Kentuckian, and a 
pretty good fellow. He spoke often, and made one rather affect- 
ing effort in favor of the " black-law." He is a republican, but 
has a holy horror of " niggers" and " abolitionists." 

J. K. GooDiN, of Blanton's Bridge, north end, is an expatriated 
Buckeye, having been all his life a " consistent Democrat." He 
got into disgrace by not knowing how to vote on the " Delahay 
resolution," endorsing Douglas. He begged to be excused. The 
convention would not excuse. "Well, you 7mcst excuse me — I 
cannot vote," said Joel, in the most lamentable tone ; but the con- 
vention was inexorable. 

J. M. TuTON. — The Rev. J. M. Tuton has been a Missourian, 
but not of the border ruffian caste. x\lthough a " divine," he has 
some faith in temporal weapons, for I have seen him flourish a 
lono; Western rifle in circumstances where there miMit have been 
a chance for him to use it. He spoke often on the current busi- 
ness. He had sometimes trouble to catch the speaker's eye, and 
I have seen him stand for five minutes at a time in hopes of filling 
a vacancy. He was a " black-law man," and was generally " down 
on " everything he was pleased to consider " abolitionism." He 
was, singularly enough, opposed to allowing slave-owners more 
than one year to take their slaves from the territory, declaring, 

" I kem to Kansas to live in a free-state, an' I don't want 
niggers a' trampin' over my grave." 

Thomas Bell has not left an impression on my memory strong 
enough to put on paper. 

R. H. Crosby. — Mr. Crosby was the youngest member of the 
convention. He came from " 'way down in Maine," but has 
12* 



13b THE CONQUEST OF KANSAS. 

recently been in Wisconsin. A republican, young, earnest, and 
enthusiastic, he received some sharp twitting from the older and 
more experienced politicians. 

P. C. Schuyler. — Judge Schuyler was by far the most digni- 
fied-lookincr member of the convention. An old man, of large 
figure, and gray hair, unusually dignified and urbane. He spoke 
often, is a republican in politics, and took an active part. 

J. S. Emery. — Mr. Emery was an active member. A young 
New Yorker, a Democrat (not national), ambitious, and nervous; 
he held a respectable place. 

I have been thus particular in drawing these pictures, for this 
was an important body in Kansas history, and all its phases are 
worth remembering. 

Two of the most important characters who figure in the conven- 
tion I have not spoken of yet, and they have been the two most 
prominent men in the territory. I mean, J. H. Lane, who was 
president of the convention, and Charles Robinson. 

I will not" attempt a portraiture of either of these, as my feel- 
ings might mislead me. I subjoin an article on them both, penned 
by one of the ablest writers who ever wrote about Kansas, and 
who was well qualified to write about these men. I will merely 
state, Colonel Lane, the president of the convention, was also the 
Democratic leader of the convention. Robinson was the leader of 
the Republicans. Lane, with all his faults, was not without many 
good qualities. He was indefatigable, restless, warm-hearted, and 
brave ; as a politician, he was " of the politicians." Robinson 
was the very reverse of Lane. To strangers reserved, and almost 
cold ; he never courted popularity by seeking favors with all. He 
has many of the elements out of which great men are made ; but 
I leave the picture to the writer of the annexed extracts : 

" Kansas has more great men, perhaps, than any other country 
of its size and age on the globe. If any one doubts this, we need 
only refer to our Atchisons and Stringfellows, our Smiths and 
Lanes, our Pomeroys and Robinsons, to vindicate triumphantly 
our position. Deferring, until a future occasion, particular men- 
tion of all others, we proceed to speak of two — Governor Robin- 
son and General Lane — whose names have been associated more 



DELEGATE ELECTION — TOPEKA CONVENTIOX. 139 

intimately, perhaps, with our political aifairs, than any others. 
We shall 

' Speak of them as they are — 
Nothing extenuate or set clown aught in malice.' 

Robinson is cool-headed, cautious, and calculating; just the man 
to plan and direct. Lane is hot-headed, rash, regardless of con- 
sequences, but not wanting in bravery ; just the man to carry out 
the plans and directions. Robinson looks ahead, counts the cost 
of everything, weighs every consideration, no matter how trifling, 
and comes to an unchangeable conclusion. Lane looks only to the 
present, acts only for to-day, never gives a thought about how his 
acts will appear in history, and considers a ' bird in the hand 
worth two in the bush.' Whilst Robinson thinks communities, 
like children, must have time to grow and mature. Lane would 
move further West in search of a faster people, if Kansas did n't 
get to be a well-formed, full-grown state at a jump. Robinson is 
an Eastern man ; Lane is a cross between a Western mountaineer 
and a Broadway dandy. One never was known as a politician ; 
the other, until lately, was never known as anything else. Neither 
are finished speakers. Robinson is a good thinker, and, we should 
judge, writes better than he speaks. Lane can't sit still long 
enough to write anything, if he can write at all. He has always 
been used to mounting a stump, whenever an idea struck him as 
worthy of notice, and 'letting off' extemporaneousl3^ He is a 
capital stump orator; his style is not Ciceronian, nor Websterian ; 
it is not copied from the classic masters ; it is peculiarly Laneish. 
Here 's a portraiture, drawn from life. Time and place, night 
and a crowded meeting; a tall, wiry, Hoosierish-looking fellow 
mounts the stand ; both hands in his breeches' pockets ; both eyes 
shut ; mouth full of tobacco. Somebody in a remote corner of the 
hail commences stamping ; others take it up, and the applause be- 
comes general. Quiet restored, the fellow on the stand straightens 
his face and legs, and commences : ' The American flag still 
waves — STILL waves ! Beneath its stars and stripes, we will 
oppose any and all attempts, come from whatever source, to tram- 
ple upon our rights as American citizens — as American citizens! ' 
&c. As he warms with his subject, he makes fewer repetitions 



140 THE CONQUEST OF KANSAS. 

and more gestures, letting fall unique sayings and good hits in 
chunks. If a ludicrous idea strikes him ^Yhilc soaring aloft 
spread-eagle fashion, he sputters it out, even if it spoils what he 
has just said. ' It 's worth as much to hear Colonel Lane speak, 
when he lets himself loose, as it is to go to the Theatre,' is a com- 
mon remark with Young America. In short, as Micawber would 
observe. Lane is great on ' turning up,' — is here, there, and every- 
where at the same time — to-day at the bottom, to-morrow at the 
top of the heap ; always on the strongest side ; a great lover of 
excitement, and will have it ; a great lover of office, and will have 
it ; will always be a favorite with the people, and will be true to 
them — so long as they are true to him." 

Such were the component parts of the Topeka convention, and 
such the result of their labors. Saturday night wife lost in Sun- 
day morning when those labors were completed ; but there, in that 
hall in Topeka, in the darkness of the midnight, these men, as the 
representatives of the people of Kansas, pledged themselves to 
sustain the movement thus given to the world. When they had 
finished their work, three long and loud cheers were given for the 
" Constitution of the State of Kansas," and the echoes of that 
cheer broke the stillness around the slumbering Topeka, and echoed 
far up the valley of the Kaw. 



CHAPTER X. 

PAT LAUGHLIN — PARDEE BUTLER — LAW AND ORDER 

CONVENTION. 

Early in the summer of 1855, a young Irishman, named Pat- 
rick L^ughlin, who lived in the territory near Doniphan, became 
an active participant in the free-state movement. He had been 
reputed a pro-sUivery man at first, but affected to be impressed in 
favor of free-state principles out of sympathy with the free-state 
men, and condemnation of the conduct of Missouri. After the 
March election meetings were held in the neighborhood of Doni- 
phan, as they were held in all parts of the territory, to discuss the 
state of affairs and devise a remedy. Into these meetings Laugh- 
lin intruded himself under pretence of being a convert to the 
cause. Mr. Laughlin is a young man under thirty. He has re- 
sided in Kentucky, in which state I believe he kept a grocery for 
a short time. His person is rather under middle height, and thick- 
set. His head is large, face rather flabby, red and pimpled. He 
exhibited some little ability, had received a good common educa- 
tion, would speak passably well, and was possessed of an unusual 
amount of cunning. In the free-state m(5etings he pretended to 
have been converted from the pro-slavery faith by the outrages of 
the Missourians, and was, under the circumstances, willing to 
work to make Kansas a free state. During the summer he was 
elected one of the delegates from Doniphan precinct to the Big 
Springs Convention. 

At this time the necessity of arming the people of the territory, 
and putting them, if possible, in the shape of an available military 
force, was keenly felt. It was by violence and force of arms that 
the rights of the citizens of Kansas had been wrested from them, 



142 THE CONQUEST OE KANSAS. 

and it was only bj resistance that the recurrence of such outrages 
could be prevented. Different opinions prevailed as to how this 
should be done. The timidly conservative, afraid to do anything 
that might draw the attention of their enemies, and perhaps pre- 
cipitate an attack, offered objections to nearly every scheme pro- 
posed, and steadily refused their assent to all efficacious means. 
The great masses, however, were willing to have an organized 
popular militia, to act openly and devote such time as could be 
spared. The difficulty in the way of this was the time it would 
consume. The settlers were all hurried with their buildings, 
their business, or their farms, and could only be induced to desert 
these to drill or wield arms when the danger became so imminent 
as to bring the moment of action ; nevertheless, independent 
military companies were formed in many localities, and an effort 
made to secure arms, of which the settlers were deficient. Be- 
sides these organizations several secret military organizations 
were formed. The most important of these was the Kansas 
Legion. Its object was to enroll men to be ready at any 
moment for the defence of the territory. It also had signs 
and passwords, by which one member could appeal to others for 
assistance in case he was attacked by the common enemy. They 
were bound by an obligation to secrecy. This organization, which 
has acquired some celebrity, never held the position in the terri- 
tory which it is often supposed to have held. It was short in its 
duration, and, while most flourishing, was limited in extent as 
regards the territory. Many of those who enrolled in it disap- 
proved of its unnecessary secrecy, got tired of its useless require- 
ments and formality, and, while they saw nothing really improper 
in its character or objects, contended that these would be better 
served with independent companies. Besides, its secrecy and 
mode of operating gave an opportunity of filling important places 
in it to men who had not the confidence of their respective commu- 
nities. It was, to some extent, an imitation of the Blue Lodge of 
Missouri, although, unlike that body, it did not propose to inter- 
fere with the rights of others, but only to defend its own. From 
the secret character of the organization, and the causes I have 



PAT LAUGHLIN. 143 

enumerated, it fell into disrepute a: few months after it was organ- 
ized. 

Into this Kansas Legion Pat Laughlin was admitted, and suc- 
ceeded so far in gaining confidence that he was chosen to form 
several new encampments, and did so. At the Big Springs Con- 
vention he made most zealous declarations in favor of free-state 
principles, and was placed on some of the most important com- 
mittees. Returning to Doniphan, Laughlin formed an encamp- 
ment or branch of the Kansas Legion, and administered the oath 
of secrecy to a considerable number of the citizens of that place, 
whom the necessity for defence and the novelty of the mode pro- 
posed induced to join it. Amongst those thus initiated was a 
Mr. Collins, who had a saw-mill in Doniphan. Mr. Collins was 
a "Western man, a prominent free-state man in that locality, and 
became an officer in the Legion referred to. 

At what particular moment Pat Laughlin concluded to desert 
the cause in which he was thus actively engaged, or whether he 
had been all along a spy and a traitor, is and must remain a mys- 
tery. His own statements, about an awakened conscientiousness 
and sudden opening of his eyes to the evils of this organization, 
are clearly incredible. His neighbors in Doniphan do not hesi- 
tate to state that he was bought up, and even specify, amongst 
other articles received, " a cow." Whether such purely merce- 
nary motives prevailed with him, or if he felt that he could, in 
the position and with the power entrusted to him, make more by 
going back to the pro-slavery men than by remaining, is a matter 
of no consequence. He began to covenant with the pro-slavery 
leaders, not only about Doniphan but in Atchison and over in 
Missouri, and after due deliberation published his expose, which 
obtained some little notoriety at the time, from the fact that the 
pro-slavery press were anxious to publish anything that would, or 
might, militate against the free-state men. In this publication 
Laughlin not only distorted the facts, but made many misstate- 
ments ; still a perusal of his expose offers nothing particularly 
remarkable. 

Had Laughlin remained content with making the expose, it 
probably would have elicited nothing more than the hearty con- 



144 THE CONQUEST OF KANSAS. 

tempt of all with, whom he hac^been acting. He was taken by the 
hand, patronized bj the pro-slavery leaders, who doubtless in- 
tended to turn his peculiar qualities to account. While thus act- 
ing with these men he was secretly intriguing with the enemies of 
the free-state men about Doniphan, and fomenting in the bosoms of 
the violent borderers hostility to these men, thus endangering 
their personal safety. It was at this stage of affairs that Mr. 
Collins chanced to meet Laughlin in the office of a physician. As 
was natural, violent words passed between them, and there would 
probably have been violence of some kind but for the interference 
of the bystanders. 

It was on the ensuing morning, the 25th of October, that the 
unhappy rencontre took place. Laughlin's pro-slavery friends 
assert that Collins was armed and seeking Laughlin when the 
affiiir happened ; but the fact of its occurrence close to the saw- 
mill of Mr. Collins, where the latter gentleman and his sons were 
employed, and the fact that Laughlin and three or four other pro- 
slavery men were there, armed, makes it certain that they came 
there armed. That Collins was also armed and prepared for a 
conflict is likely. After they had come together, and warm words 
had passed between them, it is probable that they might have 
parted peaceably had not Laughlin thrown an insulting remark 
towards Collins. The latter instantly turned on him. A pro- 
slavery man, who stood thirty yards off, fired at Collins, and it is 
supposed hit him. Collins discharged his gun without effect, and 
as Laughlin drew a pistol and pointed it at Collins, the latter 
grasped his gun by the barrel and advanced on him, when Laugh- 
lin fired. Collins fell dead, and his sons and nephews fled, but 
not till there had been some more firing and fighting with bowie- 
knives, in which several were wounded on both sides. Laughlin 
was seriously wounded with a knife early in the scufile. 

This occurrence did not, of course, do much towards allaying 
popular excitement. Meanwhile, Laughlin was taken to the town 
of Atchison, where, after he had recovered, he was employed as a 
salesman in a pro-slavery man's store. 

It was only a short time before this that occurrences of an out- 
rageous nature took place in Atchison. Atchison is close to tho 



PARDEE BUTLER. 145 

Missouri river. It is a small place, and most of its citizens are 
violent pro-slavery men. It has generally been regarded as 
unsafe for free-state men to be about it. 

In July, or early in August, a female slave belonging to a man 
in Doniphan had been so abused by her master that she committed 
suicide 'by throwing herself in the Missouri river. Anxious to 
secure themselves from the consequences of their own villany, 
and at the same time make a little political capital out of their 
crimes, those responsible for the sad fate of the unhappy creature 
had the assurance to charge her suicide to the " abolitionists." 
To have charged anti-slavery men with aiding the escape of 
negroes might have been a probable story ; and, true or false, 
would have gained credit. To suppose, however, that even the 
most ultra anti-slavery man would have recommended the poor 
woman to kill herself, — much less that any human being, no mat- 
ter how degraded, would calmly listen to and act on such advice, 
— is simply preposterous. In Atchison, at that time, there was a 
Mr. J. ^Y. B. Kelley. This man would certainly not have been 
regarded as an " abolitionist " anywhere but in the town of 
Atchison. He was a free-state man, however, and the pro-slavery 
men were determined that none such should be permitted to remain 
in Atchison. He was seized by a mob, beaten and abused, and 
then, to the detriment of his pecuniary interests, driven from the 
place. 

It was in the month of Auo-ust that the llev. Pardee Butler 
fell into their hands. The Atchison Squatter Sovereign thus 
describes it : 

" On Thursday last one Pardee Butler arrived in town with a 
view of starting for the East, probably for the purpose of get- 
ing a fresh supply of free-soilcrs from the penitentiaries and pest- 
holes of the Northern States. Finding it Inconvenient to depart 
before morning, he took lodgings at tlio hotel, and proceeded to 
visit numerous portions of our town, everywhere avowing himself 
a free-soiler, and preaching the foulest of abolition heresies. He 
declared the recent action of our citizens in regard to J. W. B. 
Kelley, the infamous and unlawful proceedings of a mob ; at the 
same time stating that many persons in Atchison, who were free- 
13 



146 THE CONQUEST OF KANSAS. 

soilers at heart, had been intimidated thereby, and feared to avow 
their true sentiments ; but that he (Butler) would express his 
views in defiance of the whole community. 

" On the ensuing morning our townsmen assembled en masse, 
and, deeming the presence of such persons highly detrimental to 
the safety of our slave property, appointed a committee of two to 
wait on Mr. Butler and request his signature to the resolutions 
passed at the late pro-slavery meeting in Atchison. After perus- 
ing the said resolutions, Mr. B. positively declined signing them, 
and was instantly arrested by the committee. 

" After the various plans for his disposal had been considered, 
it was finally decided to place him on a raft composed of two logs 
firmly lashed together ; that his baggage and a loaf of bread be 
given him ; and, having attached a flag to his primitive bark, 
emblazoned with mottoes indicative of our contempt for such char- 
acters, Mr. Butler was set adrift on the great Missouri, with the 
letter B legibly painted on his forehead. 

*' He was escorted some distance down the river by several of 
our citizens, who, seeing him pass several rack-heaps in quite a 
skilful manner, bade him adieu and returned to Atchison. 

" Such treatment may be expected by all scoundrels visiting our 
town for the purpose of interfering with our time-honored institu- 
tions, and the same punishment we will be happy to award all 
free-soilers, abolitionists, and their emissaries." 

The Bev. Pardee Butler held some property in Missouri, oppo- 
site Atchison. He had a claim in the territory, with a house and 
improvements upon it. There he and his family reside. He is a 
tall man, but slim and delicate, and has a good deal the look of 
a "Western preacher. I do not think there is much of the " abo- 
litionist," as the term is employed in the East, about him. 

He gave an account of his own experience, mentioning that one 
of the editors of the pro-slavery paper published there was an 
active member of the mob, and that he played the part of an artist 
in painting his face, and that he also towed out his strange craft 
into the stream. While many of the mob were reckless charac- 
ters, they were led on by those who claimed to be the " respecta- 
ble " people of the place. When he was thus turned adrift to the 



PARDEE BUTLER. 147 

mercy of the stream, the facetious rufEans affixed a flag to his 
strange craft, with the following inscriptions : 

" Eastern Emigrant Aid Express. The Rev. Mr. Butler, 
Agent for the Underground Railroad." " The way they are served 
in Kansas." "For Boston." "Cargo Insured, — unavoidable 
danger of the Missourians and the Missouri River excepted." 
" Let future Emissaries from the North beware. Our hemp crop 
is sufficient to reward all such scoundrels." 

This was wickedly clever, but evidently intended for outside 
effect, as they well knew that their victim had probably never seen 
Boston, and knew, probably, as little of the hated Emigrant Aid 
Society as they did themselves. After he was painted and other- 
wise tricked out by these articles, they ventured to quiz him on 
his appearance, and recommended him to go East and lecture, 
telling him ironically that he would " make a fine speculation 
of this." 

The progress of the state movement in Kansas had from the 
first alarmed the border ruffians, ^yhen they had carried all the 
elections, — succeeded in getting pro-slavery tools appointed to all 
the territorial offices under the executive, — had made laws for 
Kansas under which it would be impossible for Kansas to come in 
as a free state, and even appointed the local officers to enforce 
them, — they thought they had most certainly succeeded in the 
struggle, and were inclined to resent and crush out violently all 
counter-movements which might interfere with such arrangements. 
The fact is, there was a large population in Kansas who were 
opposed to slavery. Many of them, when they came to the terri- 
tory, cared little about the question; but, being free-state men, 
and thus suffi^ring from slavery-extension aggression, they soon 
learned to hate, not only the oppressors, but the system of slaver}', 
from the violent extension of which they suffered. The pro-slavery 
men residing in the territory, and especially the border Missou- 
rians, felt particularly aggrieved at the existence of free-state 
settlers in the territory. This emigration of men from free states 
they have always regarded as peculiarly aggravating. Well did 
they know that the institution of slavery would never be apt to 
flourish in Kansas while such a population was on its soil. To 



148 THE CONQUEST OF. KANSAS. 

get rid of tliem, therefore, became a fixed object in tlieir minds, 
was publicly discassed, and resolved on in a most bitter spirit. 

For months after the Bogus Legislature had g-^ne through its 
farce of legislation no attempt had been made to enforce its 
edicts. There was no power in the territory to enforce them, and 
Missouri could not be ah^ays in Kansas. Under these circum- 
stances, and with the object of overthrowing the state movement, 
a Law and Order Convention was held in Leavenworth on the 14th 
of November. This meeting, or convention, was called by notices 
signed by some fourteen pro-slavery men; but it was well known 
throughout the territory that Gov. Shannon, and others of the 
territorial officials, had an active hand in it, and that the whole 
thing was concocted by the border Missourians and these together. 

This convention was the origin, or starting-point, of " law and 
order " in Kansas. Here it was that the pro-slavery party, both 
in Missouri and the territory, claimed the title "law and order 
party." They knew that the territorial law was their creature, 
and that in enforcing it their policy was safe. Hence they, with 
a coolness that was preposterous following their numerous out- 
rages, declared themselves the orderly, law-loving party, and 
banded thus together to sustain each other by mutual pledges that 
the " law " would be enforced. 

In spite of its importance this convention was not very numer- 
ously attended. Outside of the citizens of Leavenworth there 
were not more than eighty persons present, and by far the larger 
portion of these were from Missouri. The leading men on the 
Missouri border were there. The Stringfellows were officers of 
the convention, and several of the vice-presidents and secretaries 
were residents of Missouri. It may look a little strange that the 
governor of the territory should take an active part in a popular 
meeting of this kind, the avowed object of which was the execution 
of the laws by popular force. Still more singular is it that Gov. 
Shannon should take an active part in an assemblage where the 
violent Missouri borderers had the sway, and where its character 
as a simple pro-slavery convention was so apparent. The 
governor, in doing this, conclusively showed that he was the tool 



LAW AND ORDER CONVENTION. 149 

of the Missouri borderers, and blindly obedient in their scheme of 
subduing Kansas to slavery. 

Governor Shannon reported himself to that convention as a 
delegate from Douglas County, where Lawrence is situated, in 
which he did not then reside ; nor do I suppose there were three 
men in, that county, or anywhere else, who knew they had the 
honor to be represented by the governor. Governor Shannon was 
elected president of the convention. The chairman first elected 
w^as Major E-ichardson, a Missourian, one of the leaders of the 
Missouri invaders, a man of violent temper, and reckless charac- 
ter, w'ho had been a member of the Bogus Council, and, v/hile 
legislating for Kansas, got himself elected by that body as major- 
general of the Kansas militia. Into the chair just vacated by 
this person Governor Shannon entered, and made an indiscreet 
partisan speech, in which he declared that he would enforce obe- 
dience to the laws enacted at the Shav/nee Mission ; and he called 
upon those by whom he was surrounded to aid him in enforcing 
the laws. He took occasion to denounce the constitutional move- 
ment at Topeka ; declared it treasonable, and expressed his deter- 
mination that such a state of aifairs must not be permitted. In 
this speech he also alluded, in disrespectful terms, to the majority 
in Congress, and said that, in the next presidential election, the 
party with which he then acted would carry everything before 
them. 

There were only two prominent speakers before that convention, 
Governor Shannon and Mr. John Calhoun, Surveyor General of 
the territories of Nebraska and Kansas. The border ruffians, 
pleased to get federal dignitaries thus to fiddle for them, kindly 
permitted these gentlemen to lay down the " law," and cheered 
them in encouragement of this official error. 

If Shannon's speech was improper and indefensible, that of* 
Calhoun was bitterly partisan and violent. He denounced free- 
state men as " vile abolitionists," and there was no epithet too 
mean to hurl at this class, — the large majority of Kansas citi- 
zens. He said they " were so vile they would lick the slime off 
the meanest penitentiary in the land;" and, progressing in his vio- 
lent and profiiie tirade, declared, " they would' bow down and 
13* 



150 THE CONQUEST OF KANSAS. 

worship the devil if he would only help them to steal a nigger." 
It would be needless to add that a public officer, who could evince 
such partisan vulgarity, did not scruple to lend himself to all the 
violence for which this nieetino; was convened. 

A platform of resolutions was adopted to send out to the 
world. These had nothing necessarily to do with the objects of 
the convention, and, as they were merely intended for outside 
effect, were placed in the hands of a revising committee, who kept 
remodelling them until they could not have been recognized. 
Several other speakers addressed this convention. These were of 
the border ruffian class, and their speeches were denunciations of 
the state movement, and threats to enforce the bogus laws, until 
the "Missouri river should run red with blood." 

Mr. Parrot, a free-state man, who had been an associate 
Democrat with Governor Shannon in this, tried to speak, but was 
not permitted to do so. Shannon, as president of the convention, 
refused to notice him, and Stringfellow told him that " the con- 
vention did not want to hear a free-state man." 

Before this convention adjourned it pledged itself to sustain the 
governor whenever he should call on them to enforce the law. 



CHAPTER XI. 

THE RESCUE OF BRANSON. 

While the political sentiment arising from the slavery question 
has been the moving cause of all the difficulty in Kansas Ter- 
ritory, quarrels about claims have often been the means of pre- 
cipitating them. The inefficiency of the authorities to preserve 
the rights of the settlers, the scarcity of courts or judicial officers, 
and the little confidence felt in what there was of these, prevented 
the people from securing their rights to their claims, or obtainmg 
redress for any grievance upon them. In some localities the set- 
tlers of both shades of political faith commenced a struggle for 
the possession of a desired spot. One of these contested places 
was Hickory Point, a heavy body of timber lying some miles 
south of the Wakarusa, on the Santa Fe road. As this was a 
valuable piece of timber land, in the midst of the richest prairies, 
the earliest settlers flocked into it. 

The first settlers of that region were free-state men from Indi- 
ana. Other free-state men, from the Western States generally, 
and some of them from Missouri, also settled there. After the 
grove had been mostly taken by the settlers, some pro-slavery 
men came in, took claims, and some of them jumped claims 
already taken. In some of the cases where these claims were 
invaded the persons holding them had forfeited their right to 
them by their absence ; but in several other instances the seizure 
was violent and fraudulent. In the same vicinity, at the lower 
end of the grove, on the Santa Fe road, a town called Palmyra had 
been laid off, and early in the summer of 1855, a party of men 



152 THE CONQUEST OF KANSAS. 

from Missouri came up and ordered the settlers in the place to 
leave it, or they would be driven away ; and serious apprehensions 
of violence and bloodshed were entertained. The settlers mostly 
kept their ground. It was with much the same spirit that the 
pro-slavery men who came and settled in the grove were ani- 
mated. One of these men, Franklin Coleman, not only took vio- 
lent possession of several claims, but stole the building materials, 
which had been prepared by a free-state man, from another claim, 
and built a house for himself with them. 

A might be expected, the free-state and pro-slavery settlers had 
many angry bickerings, and probably nothing but the numbers of 
the free-state men prevented the earlier effusion of blood. One 
cause of ill-will was the aid the free-state men rendered each 
other. So much was this the case that even Coleman, in his own 
statement of the transaction afterwards, could not refrain from 
saying, 

" This he did " — alluding to Branson — " by encouraging free- 
state m«n to settle about him, giving them timber from his land, 
and informing them of vacant claims. In pursuance of this, he 
and his friends invited a man named Dow, an Ohioan and an abo- 
litionist, to occupy a claim adjoining my own ; a claim that 
belonged rightly to Wm. White, of Westport, Mo." 

I thus quote Coleman's own statement, in order to show the 
true cause of the quarrel. On this claim of Dow's (for the reader 
will understand the nature of a claim of a man living in West- 
port), this man, Coleman, with several of his pro-slavery neighbors, 
cut timber, burnt a lime-kiln, and otherwise invaded his rights, for 
the obvious purpose of causing difficulty. Having already burned 
one lime-kiln, they proceeded to cut timber for another, when 
they had plenty of timber on their own claims. Dow determined 
to put a stop to this, and notified them that they must not attempt 
anything further of the kind. Just before this, Mr. Branson had 
received an anonymous letter, ordering him to leave. This, 
beyond all doubt, came from his pro-slavery neighbors, and was 
a rich document, between bad chirography, inflaliimable threats, and 
questionable grammar. These pro-slavery men had worked them- 
selves into a passion, and had threatened to kill and drive off all 



THE RESCUE OF BRANSON. 153 

the free-state settlers in the grove. That this was not a mere 
empty threat was unhappily proved. 

On the 21st of November, Mr. W. Dow left the house of Mr. 
Branson, where he boarded, as he was an unmarried man', and, as 
it was close to his claim, and, taking with him a small wagon- 
skein, which had been broken, went up the Santa Fe road, tow- 
ards a blacksmith's shop, to have it repaired. As he went to the 
blacksmith's shop he passed in sight of the houses of Coleman, 
Hargus, and Buckley, the two latter pro-slavery neighbors of Cole- 
man. Shortly after Dow got to the shop, he was followed by 
these three men, who came armed with guns. Seeing their threat- 
ening aspect, Dow avoided a discussion at first, but they com- 
menced abusing him, and denounced him, saying they would cut 
timber from the claim in question. During the discussion, one of 
these men, Harrison Buckley, raised his gun, cocked it, and pre- 
sented it at Dow, who, looking at him steadily, said, 

" You would not shoot me, Buckley? " 

The villain's hand had not nerve enouGfh for the murder he had 
contemplated, and he dropped his gun. Apprehensive of further 
violence, Dow left the shop and started back. Coleman followed 
him, and soon overtook him, and the two men were seen by sev- 
eral thus going down the Santa Fe road. Buckley and Hargus 
followed, but at a distance near enough to see what happened. 
When Dow and Coleman got opposite Coleman's house, which 
was some yards from the road, they parted, and Coleman went to 
his house, and, standing on his door-step, cocked and presented 
his gun at Dow's back, who was going from him down the road, 
pulled the trigger, but the cap burst, and it did not go off. 

The bursting of the cap startled Dow, who turned round and 
looked at Coleman. They were about twenty-five yards apart, 
when Coleman, who had put on a fresh cap, presented the piece 
at his victim. Dow threw up his hand, as if to implore him to 
desist, but the appeal fell on an inhuman heart. The next 
moment Coleman fired, and a portion of the contents, a heavy 
load of slugs and buckshot, from a shot-gun, entered the heart 
of the unhappy Dow. He fell where he stood, and his head lay 
in the wheel-track of the Santa Fe road, while the blood coursed 



154 Tim CONQUEST OF KANSAS. 

% 

amongst the dust from the wounds in the breast and neck of the 
young man. 

It was a November noon when the deed was done, and, although 
several saw the occurrence, the body lay unheeded where it fell. 
Hargus and Buckley soon came up to Coleman, and they talked 
together, at first fiercely and boastingly ; but that silent figure 
lyino- dead — dead ! — full in their sight, would have smitten the 
most remorseless with a guilty fear, if not a pang of conscience. 
It was now feared that the free-state settlers would revenge the 
death of their friend, and Coleman, taking his family and house- 
hold effects in a wagon, started back to Missouri. One of his 
guilty associates and another pro-slavery man, who lived close by, 
and saw the affair, also left with their effects and families for 
Missouri. 

Through the whole afternoon the body of that young man lay 
neo-lected where he had fallen. About evening, Mr. Branson, 

o 

having heard something of the affair, went up and brought the 
dead body of his friend home. Whether he had died as he had 
fallen, or had lived in expiring agony, without a drop of water 
or a friend to raise him, will never be known. 

By the 26th of the month no action had been taken by the 
authorities, and, as the inference was that the murderers would 
go unpunished, a meeting of the settlers was called at Hickory 
Point, and assembled on the day in question. The action of the 
meeting was marked by no violence ; they merely passed resolu- 
tions deploring and condemning the murder, and appointed a 
committee, whose duty it should be to take steps to bring the 
murderers to justice. As some of the more indignant of the set- 
tlers were in favor of burning the houses of the murderers, a 
resolution was passed, condemning and deprecating such an act, 
even against these men. 

Meanwhile the fearful murderer had fled to Westport. There 
he met Sheriff Jones, then postmaster of that place, and, after 
counselling with him and others of the Westport border ruffians, it 
was concluded that Coleman must go through the farce of giving 
himself up. It is stated — and I have no doubt of its truth — 
that he had received assurances that he would be protected. 



TUB HESCUE OF BRANSOX 155 

Coleman, therefore, went to the Shawnee Mission, and, after going 
through the farce of surrendering himself to Governor Shanjion, 
started up into the territory with Jones, for the ostensible purpose 
of going to Lccompton to be examined. But a deep and villanous 
plot had been laid, and it was desired to use what could be made 
of this incident to further that design. The law and order con- 
vention had declared that the bogus officers should be sustained ; 
and now all that was wanted was an opportunity. 

Jones and his quondam prisoner stopped at Franklin, where 
they began to contemplate the state of affairs. There they were 
joined by Buckley and Hargus, one of whom had also been in 
Missouri, but had returned to " see the fun." Here these gentry 
concocted their scheme, which was nothing less than to arrest Mr. 
Branson, carry him to Lawrence, where it was presumed he would 
be, under such circumstances, rescued ; and then that there would 
be a very pretty casus helli. 

The manner in which they had to proceed about this showed 
the character of the whole affair. Jones had got a commission 
for a justice of the peace all filled but the name ; and found a 
man named Cameron, a recreant free-state man, of low repute, 
who, vain man, for the title "justice of the peace" was willing to 
sell what little he had of principle. 

Before this patent justice Buckley came ; and, swearing that he 
was afraid of his life for threats made by Jacob Branson, this 
Esquire Cameron issued a peace-warrant for the arrest of said 
Branson, doing so at the same time he received his commission 
from Jones. The next thing was to secure a posse. Coleman, it 
was decided, should not go ; but he was unloading the pistols and 
guns, and making other preparations for the expedition. Before 
long a party of fifteen men, including Jones, Hargus, and Buckley, 
were ready for the expedition. It was night when they left 
Franklin ; and they proceeded up along the sloping bottom of the 
Wakarusa until they reached Blanton's Bridge. There they re- 
freshed their " inner man," many of them being about half-intox- 
icated, and proceeded onwards toward Hickory Point. There they 
made some accessions to their force from the pro-slavery residents, 
until they numbered somewhere between twenty and twenty-five. 



156 THE CONQUEST OF KANSAS. 

At the timo these men passed Bhmton's Bridge they were 
seen by a young free-state man from Lawrence, Mr. S. P. Tappnn, 
who was returning thither from the meeting that day at Hickory 
Point. He rode in amongst Jones' posse before he knew who or 
what they were. They at first took him for one of their friends 
coming to assist them ; and some of them were indiscreet enough 
to let drop a few hints about their mission before they suspected 
that their visitor might be on the other side. After they had 
started off towards Hickory Point, Mr. Tappan learned enough to 
know the motives of their visit, and hurried back to warn his 
friends. 

It was between nine and ten o'clock at night. Old Jacob 
Branson was in bed asleep, his family asleep around him, when he 
was awakened by a stir around the house. Just at that moment 
there was a knock at his door. 

" Who is there ? " inquired Branson. 

" Friends," was the answer. 

" Come in." 

But scarcely had he uttered the word, when the frail door was 
burst open, and a band of armed men rushed into the apartment. 
The foremost man was Jones. Drawing a pistol, and pointing it 
at Branson, who had got out of bed, and was standing before 
him, he said : 

" You 're my prisoner ! " 

" What for — and what authority ? " stammered Branson. 

" I 'm the sheriff of Douglas County," said Jones. But he 
showed no writ. As Branson seemed to hesitate, Jones resumed : 

" Look sharp — you must go with us." 

" You would n't hurry me. If I have to go, I shall go when I 
get ready." 

" God d — n you ! " said Jones. " I '11 blow you to h — 11 if 
you don't get ready directly ! " 

Thus pressed, Mr. Branson dressed and got ready to go with 
them ; while his family, frightened and distressed, feared that the 
bloody fate of Dow was about to befall the head of their family. 
Two of the murderers of Dow they saw with the party, and 
several other of their violent pro-slavery neighbors. 



THE PvESCUE OF BRANSON. 157 

Branson Wcas taken out and placed on a mule, and the posse and 
their prisoner rode off. As soon as they had done so, a young 
lad, who had been staying at Branson's, started to alarm the 
neighbors. 

It was as beautiful a moonlight night as ever smiled on the 
prairies of Kansas. The moon was about the full, and the sky 
was clear, and the air mild, for November. Jones and his band 
did not proceed direct for Lawrence. They rode backwards and 
forwards in the point, between the houses of the pro-slavery 
men, drinking, whenever they could get anything to drink, and 
passing profime and obscene jokes. At length the volunteers 
they had picked up in the point left them, and Jones, with his 
prisoner and fourteen of the posse, rode down the road that leads 
fi-om the prairie highlands near Hickory Point, towards Blanton's 
Bridge. 

As Branson felt somewhat uneasy as to what would be the 
sequel of this nocturnal adventure, he addressed a man who was 
riding near him, inquiring what he was taken for. 

" Dun-no," replied the man, curtly. 

A little further on Branson addressed another, who he thought 
looked more decent, and, to his inquiries, this person replied : 

" 0, well, I believe it's a peace-warrant only." 

" Where are we going ? " 

" Lawrence, I believe." 

Branson breathed a little more freely when he heard of his 
probable destination ; although he doubted if they would venture 
to take him there. 

About this time Jones rode up to him, and, fancying. he might 
be more communicative, asked : 

" There was a meeting in the grove, to-day, near your house, of 
at least a hundred men, was there not ? " 

" There was a meetino;. The neighbors round held a meetinor 

DO O 

where Dow was murdered, to see if the murderers could not be 
brought to justice." 

For a moment this threw a disagreeable damper, but Jones 
resumed : 

14 



158 THE CONQUEST OF KANSAS. 

" Thoj were Yankees, mostly, with Sharpe's rifles, were they 
not ? " 

" There might have been Yankees there, but not very many. 
It was mostly the neighbors. They did not attend the meeting 
armed." 

•' That 's a d — d lie ! " exclaimed several. 

" I wish, boys," said Jones, " that we had got there before 
those hmidred Yankee abolitionists got off. We have had no 
fun." 

" D — n 'em ! — we would have given 'em h — 11 ! " cried several 
voices. "We'd a show'd 'em how to pass resolutions." And, 
with these and sundry other valiant threats about what they 
would have done if they could 07il?j have met " those hundred 
abolitionists," they rode on. 

Now the intention was to have Branson rescued in Lawrence ; 
a plot which I believe would have worked to a charm, only so?)2e- 
thing interfered to prevent it. Mr. Tappan and the young man 
who had left Branson's had both been busy ; and about fourteen 
of the neighbors were gathered near Mr. Abbott's house, near which 
Jones' posse had to pass on their way to Blanton's Bridge. 80 
quickly had they gathered, and so dilatory was the posse in its 
perambulations, that the little party at Abbott's began to think 
they had taken another road, when the man on guard gave the 
alarm, and, rushing out into the road, they saw Jones and his men 
rapidly advancing. Jones and his party, in spite of their anxiety 
to find the "hundred abolitionists," evidently felt that "discretion 
was the better part of valor," and, turning their horses off the 
road into the prairie, attempted to shy past the party. On this 
the free-state men immediately spread out as if to intercept them. 
Jones then turned into the road with his party, when the others 
also folded in and formed in the road before them. The posse 
halted, and Jones cried, 

"What 'sup?" 

" That 's what we want to know," said one of the free-state 
men. And several of his party asked Jones, in return, 

" What 's up ? " 

There was a pause, which Branson broke by saying, 



THE RESCUE OF BRANSON. 159 

*' They have got me prisoner here." 

" Is that you, Branson ? " 

" Yes." 

" Well, come this way," said Mr. Abbott. 

" If you move," said several of the posse, "we will shoot you." 

" I am going," said Branson to Jones. 

" I will shoot you if you do," was the response. 

" Come ahead ! " cried S. N. Wood ; " D— n them, if they 
shoot, we will." 

Jacob Branson, who was in the midst of his captors, rode 
through them and joined his friends. Not a gun was fired. 

" Whose mule is that ? " asked several. 

"Belon2:s to them," said Branson. 

*' Then get off, and drive it back." 

Branson dismounted, and was sent into the house. The mule 
was turned towards its owners, but hesitated as if in the uncer- 
tainty between " serving two masters." At this juncture Mr. S. 
N. Wood stepped up to it, and expedited its departure for the 
pro-slavery ranks by a couple of kicks. 

. "Gentlemen," said Jones, "if you don't give Branson up we 
will fire ! " 

♦'We have nothing to do with it," was the response. 

At this moment the pro-slavery men raised their guns, and were 
heard cockincr them. At this interestino; moment the rescuers 
raised their pieces, and the sharp click of more than one Sharpe's 
rifle was heard. 

And here let me state, in explanation, that the "forty abolition- 
ists" in buckram, about whom Sheriff Jones prepared an afiidavit 
that found its way to the President, nevertheless, were neither 
more nor less than fifteen persons. Of these, eight were armed 
with Sharpe's rifles, one had got a shot-gun, a few had revolvers, 
and one man, whose anxiety to be there hurried him too much to 
make preparation, had actually nothing in the shape of arms. 
Thus the parties were equal numericall3\ It was soon evident, 
however, that the border ruffians felt it was not their mission to 
shoot on that occasion ; a conclusion precipitated, no doubt, by a 
humane desire to " prevent the effusion of blood." 



160 THE CONQUEST OF KANSAS. 

Jones got oflF his horse, and tried everything in his power, from 
threats to coaxing, from curses to " soft sawder," to induce them 
to give up Branson; but his efforts only seemed to amuse the 
men he talked to. 

"I'm the Sheriff of Douglas County," he said; but this was 
received with jeers. He then went on to threaten that he should 
have five thousand men to come up and " wipe out Lawrence and 
all of them." This threat had no effect. He then took several 
members of the rescuing party aside, and tried to persuade them 
into the propriety of letting him take Branson. Amongst others 
whom he thus took aside, was Mr. Samuel C. Smith, of Lawrence. 
Jones said, confidentially : 

" I 'm sorry to see a person of your appearance here, sir; but I 
hope you will use your influence with these men to prevent them 
from doing this." 

" My appearance, sir, is very much at your service,^' was the dry 
response. 

" My name is Jones ; I 'm the Sheriff of Douglas County, and 
I 'm United States Marshal. What is your name, sir ? " 

Mr. Smith hesitated; but, remembering that he had a patro- 
nimic that could not be sworn to, replied : 

" My name is Smith." 

Smith — Jones. The bogus sheriff" looked incredulous, but con- 
tinued : 

" If Branson is given up I will say nothing about this ; but if 
not, I will bring up five thousand men, and then it will be an 
affair not to be trifled with. Let Branson go with me. I will 
pledge my word of honor that he will not be hurt." 

" Mr. Jones, Branson can't go with you to-night." This Mr. 
Smith enunciated in his dry, deliberate way. The bogus sheriff 
fared no better with the others, or, rather, he fared worse ; for 
there were not lacking; those who cursed the Boo;us Leo-islature in 
general, and all the bogus officers in particular; and very espe- 
cially Esquire Cameron, under whose newly-fledged dignity this 
outrage had occurred, as they learned from Jones, who now stated 
that he had a writ for the arrest, issued by " Esquire Cameron." 

Finding that it was utterly impossible to do anything in the 



THE RESCUE OF PtRAXSOX. IGl 

way of coaxing or threatening, and not being willing to fight, the 
valiant border ruffian chief, who had led more than one band up 
into the territory, on voting and warlike deeds intent, was obliged 
to face about, and make the best of his way, by a circuitous route, 
to Franklin. 

Shortly after the rescue was effected, several other men from 
the neighborhood of Hickory came to Abbott's. The party re- 
mained there for a short time, and then, considering it unsafe to 
disperse and go back to their homes, those connected with the res- 
cue took up their line of march for Lawrence. It was after mid- 
night before they started, and that little body of men might have 
been seen winding along the low grounds of the Wakarusa, under 
the clear moonlight. That moon was far in the west, and its 
beams were paler and the night darker, as they entered Lawrence. 
It might be an hour before day when the "beat of the alarming 
drum " roused up the half-slumbering citizens. Apparently un- 
important although this affair was, those who comprehended the 
state of political matters in the territory well knew its signifi- 
cance. The threat of Sheriff Jones, that five thousand men would 
soon be in Lawrence, was felt to be too likely a thing to be trifled 
with. The " resolutions," so often passed at meetings and con- 
ventions, to the effect that " the bogus laws and the bogus officers 
would be resisted," had been realized, and that, too, under cir- 
cumstances most favorable to the rescuers; for the arrest of Bran- 
son was so violent and irrea;ular, and the circumstances so ao-o-ra- 
vated, that scarcely a legal officer in the community could have 
sustained himself in such arrest. 
14* 



CHAPTER XII. 

THE WAKARUSA WAR. 

When Sheriff Jones returned to Franklin he felt very sore. 
The design was fo have Branson rescued in the hated Lawrence. 
In this he had failed ; besides he had been worsted by a hastily- 
gathered party of Branson's neighbors, and had yielded to a force, 
to say the most of it, equal to his own. How could the bully, 
who had vomited out threats of annihilation against •' hundreds of 
abolitionists," appear before his confreres, after being so humili- 
atingly worsted ? Under this state of feeling he wrote a note to 
Col. Boone, of Westport, his business partner, and as active a 
border ruffian as himself. What this despatch was we can only 
guess, for I have never seen a copy ; but its contents may be 
guessed from the remarks of Jones at the time to those around 
him when he sent the messenger with the despatch. 

"That man is taking my despatch to Missouri, and, by G-d, I 
will have revenge before I see Missouri ! " 

Amongst those present, when this despatch was sent off, was a 
pro-slavery man, who had come to Kansas from a free state, — 
Iowa. Impressed by the recklessly irregular course pursued by 
Jones, he interposed, and said : 

" There 's a right way and a wrong way of doing things. 
We 're the ' law and order ' party, and having got right, want to 
keep right. You ought to have sent your despatch to the gov- 
ernor, and asked him to give you the men," 

" D — n the governor ! " — Jones, with all his faults, is remark- 
ably candid ; and if he ever goes into a manoeuvre that could be 
called a " dodge," it is only on the suggestion of others. Thus, 



THE WAKARUSA WAE. 163 

when his "' law and order " friend urged that " the governor could 
call out the militia," he responded : 

"Where's the militia?" 

" Well, the force that comes to help, you know, ought to be 
militia." 

" That's their business ; — they '11 see Shannon, I guess." 

" Yes ; but the governor has pledged himself to sujDport the 
laws, and he is the person to apply to." 

After further cogitation the following despatch was penned, and 
sent by Hargus to the governor ; he starting only half an hour 
after the first messenger : 

" Douglas County, K. T., A''ov. 27, 1855. 
" Sir : Last night I, with a posse of ten men, arrested one 
Jacob Branson, by virtue of a peace- warrant regularly issued, 
who, on our return, was rescued by a party o? forty armed men, 
who rushed on us suddenly from behind a house, upon the road- 
side, all armed to the teeth with Sharpe's rifles. 

" You may consider an open rebellion as having already com- 
menced ; and I call upon you for three thousand men, to carry 
out the laws. Mr. Hargus (the bearer of the letter) will give 
you more particularly the circumstances. 

"Most respectfully, 

" Samuel J. Jones, 
"To his Excellency, " Sheriff of Douglas County. 

" Wilson Shannon, 

" Gover?ior of Kansas Territor'y.^^ 

Now the governor, as well as Sam. J. Jones, was perfectly 
aware that the "militia of Kansas Territory" was a myth; a 
thing impalpable and unsubstantial. True, the Bogus Legislature 
had conferred upon those of its own members who were ambitious 
of military distinction, such titles as major-general or brigadier- 
general. A very fair sprinkling of these mirdary gentlemen 
were residents of Missouri, and the rank and file were purely 
imaginative characters ; " law and order " goblins, conjured up 
by an act of the Bogus Legislature, but without a local " hab- 



164 THE CONQUEST OF KAN.LIS. 

itation or a name." Gov. Shannon, speaking on the subject, 
says: 

"And it may be stated here that the militia of Kansas were at 
this time (and still arc) totally imorganized. The Legislature 
had, it is true, elected tvfo major-generals in the southern, and 
one in the northern division, as well as some brigadiers; but, so 
far as the rank and file are concerned, the organization was not 
even commenced." 

To make a demand for three thousand " militia," under such 
circumstances, was certainly a very cool thing in Jones, but not 
half so cool as it was for the governor to issue the following des- 
patch : 

" Head Quarters, Shawnee Miss., K. T., > 
A'-ov. 27, 1855. 5 

"Maj. Gen. Wm. P. Eichardson — 

" Sir : Reliable information has reached me that an armed mil- 
itary force is now in Lawrence and that vicinity, in open rebellion 
against the laws of this territory, and that they have determined 
that no process in the hands of the sheriff of that county shall be 
executed. I have received a letter from S. J. Jones, Sheriff of 
Douglas County, informing me that he had arrested a man under 
a warrant placed in his hands, and, while conveying him to Lc- 
compton, he was met by an armed force of some forty men, and 
that the prisoner was taken out of his custody, and defiance bid to 
the laws. I am also duly advised that an armed band of men 
have burnt a number of houses, destroyed personal property, and 
turned whole families out of doors in Douglas County. War- 
rants will be issued against those men, and placed in the hands of 
the Sheriff of Douglas County for execution. He has written to 
me, demanding three thousa7id men to aid him in the execution of 
the process of the law. 

"You are, therefore, hereby ordered to collect together as large 
a force as you can in your division, and repair without delay to 
Lecompton, and report yourself to S. J. Jones, Sheriff of Douglas 
County, together with the number of your forces, and render him 
all the aid and assistance in your power in the execution of any 
legal process in his hands. The forces under your command are 



THE WAKAKUSA WAR. 165 

to be used for the sole purpose of aiding the sheriff in executing 
the law, and for no other purpose. 

" I have the honor to be your obedient servant, 

" Wilson Shannon." 

" Head Quakters, Suawnee Mission, K. T., > 
J\^ov. 27, 1855. > 

" Gen. H. J. Stricklar — 

" Sir : I am this moment advised by letter from S. J. Jones, 
Sheriff of Douglas County, that while conveying a prisoner to 
Lecompton, whom he had arrested by a virtue of a peace-warrant, 
he was met by a band of armed men, who took said prisoner forci- 
bly out of his possession, and bid open defiance to the execution 
of law in this territory. He has demanded of me three thousand 
men to aid him in carrying out the legal process in his hands. 
As the southern division of the militia of this territory is not yet 
organized, I can only request you to collect together as large a 
force as you can, and at as early a day as practicable, and report 
yourself, with the men you may raise, to S. J. Jones, Sheriff of 
Douglas County, to whom you will give every assistance in your 
power towards the execution of the legal process in his hands. 
Whatever forces you may bring to his aid are to be used for the 
sole purpose of aiding the said sheriff in the execution of the law, 
and no other. 

" It is expected that every good citizen will aid and assist the 

lawful authorities in the execution of the laws of the territory and 

the preservation of good order. 

"Your ob't serv't, 

" Wilson Shannon. 
" To Gen. Stricklir." 

It will be seen that Gov. Shannon dates his epistle from " head 
quarters." The military spirit was no doubt uppermost in his 
mind, and as commander-in-chief ho goes to work in a style which 
would have been ridiculous, if he had not known that the defi- 
ciencies of Kansas " militia " would be amply made up in Mis- 
souri. 

To show that the governor did more than merely know this, I 



166 THE CONQUEST O:^ KANSAS. 

subjoin the following " extra," published at Independence, over 
the names of two citizens of repute in that quarter : 

"Independence, Mo,, Dec. 2. 
"An express, in at ten o'clock last night, says all the volun- 
teers, ammunition, &c., that can be raised will be needed. The 
express was forwarded by Gov. Shannon to Col. Woodson, and 
by Woodson to this place, to be transmitted to various parts of 
the county. Call a meeting, and do everything you can. 

" DftS. McMuRRY AND HeNRY." 

This was circulated widely in Missouri, the Col. Woodson re- 
ferred to being an eminent border ruffian of Independence, who 
had invaded the territory before. 

While Gov. Shannon, under Jones' instruction, was thus busy, 
Col. Boone, of Westport, who had received the other despatch 
from Jones, was not idle. He issued a violent war despatch, con- 
taining assertions that the free-state men of Kansas had not only 
rescued Branson from Jones, but were committing unheard-of 
atrocities, burning houses, killing people, and driving pro-slavery 
men away. This kindled the first flame, and many proceeded to 
the territory, in obedience to it, or the dictates of the secret Blue 
Lodge rather, in which all of these matters were discussed and 
settled. In order to create effect. Col. Woodson, of Independ- 
ence, Mo. (who had been actively at work before he wrote), and 
Dr. McMurry, of the same place, wrote to Col. Boone relative to 
the authenticity of his despatch. This called out the following 
reply, which was extensively circulated : 

" Shaavnee Mission, JVov. 30, 5 A. M. 
" To Dr. McMurry and Col. Sam'l Woodson : 

" Your favor was received. I thous-ht I was too well known 
in the community to be thought capable of practising a hoax. 
The marshal has a requisition from the governor to arrest forty- 
two men in Lawrence, and they refuse to give them up, and he 
calls for volunteers, and if the citizens refuse to aid him, I cannot 
help it. They also say publicly that they will take Coleman and 
Jones, and hang them both. 



THE WAKARUSA WAR. 167 

" They are drilling in the open prairie every day, and have 
five fine pieces of artillery, and openly bid defiance to the laws. 

" A large number of them were seen crossinn* from Delaware 
and Leavenworth yesterday, going to Lawrence. 

" A member of the Legislature was from there yesterday morn- 
ing for guns. We can only send twenty. Jones also sends for a 
waaron-load of ammunition and cannon. 

" Now act, or not, as you please ; if you will send the cannon 
here, I will take it there myself. In haste, 

" A. a. Boone." 

Similar despatches and inflammable circulars were spread 
throughout the towns of Western Missouri, and soon all these 
towns, and indeed the whole of Western Missouri, was disturbed, 
and large numbers sprang to arms. By regulations adopted in 
the blue lodges at that time, those who could not go were mulcted 
in a certain sum of money to sustain those Vfho did. Besides this 
forced levy, voluntary contributions were resorted to, and large 
sums raised and expended ; for only those who have some little 
experience in the commissariat of an army can form an estimate 
of the expense of keeping over one thousand men in the field. 
Besides other stores, several wealthy and respectable friends of the 
cause subscribed a barrel of whiskey each. The Mayor of Kansas 
city gave one barrel, nor did he stop there. The following des- 
patch was sent from Kansas city to encourage the " ruffians " of 
Platte : 

'' Kaksas City, Mo., Dec. 3, 8 p. m. 

" Mr. Payne, the mayor of this city, went to Liberty to-day, 
and succeeded in raisins; two hundred men and one thousand dol- 
lars for the assistance of Jones." 

In order to show the object they had in view, I give the follow- 
ing despatch, sent back to Missouri by those who first went up. It 
was published as an extra, in flaming characters : 

*' Independence, Dec. 3, 8 p. m. 
" Jones will not make a move until there is sufficient force in 
the field to ensure success. We have not more than three hundred 



168 THE CONQUEST 0¥ KANSAS. 

men in the territory. You will, therefore, urge all who are inter- 
ested in the matter to start immediately for the seat of war. There 
is no douht in regard to having a fight, and ive all know that a 
great many have complained because they were disappointed here- 
tofore in regard to a fight. Say to thera, now is the time to show 
game, and, if we are defeated this time, the territory is lost to the 
South. 

" Signed by T. J. Shaw, H. T. Chiles, E. C. Chiles, J. C. Irwin, 
E. C. Renick." 

The signers of this paper belong to a class considered respecta- 
ble in their own localities, and, I have no doubt, influential. 

Governor Shannon, having issued orders to call out the " militia," 
on the 27th of November, and having taken the initiatory steps to 
have the whole border ruffian force of Missouri poured into the 
territory to murder the settlers, happened to think, about two days 
afterwards, that the proper course would have been to issue a 
proclamation, and proceeded to do so on the 29th, as follows : 

^ " PROCLAMATIOX. 

" THE GOVERNOR OF KANSAS TERRITORY. 

" Whereas, reliable information has been received that a numer- 
ous association of lawless men, armed with deadly weapons, and 
supplied with all the implements of war, combined and confeder- 
ated together for the avowed purpose of opposing, by force and 
violence, the execution of the laws of this territory, did, at the 
County of Douglas, on or about the 26th of this month, make a 
violent assault on the sheriff of said county, with deadly weapons, 
and did overcome said officer, and did rescue from his custody, by 
force and violence, a person arrested by virtue of a peace-warrant, 
and then and there a prisoner, holden by the said sheriff, and other 
scandalous outrages did commit in violation of law : 

" And whereas, also, information has been received that this 
confederated band of lawless men did, about the same time, set fire 
to and burn down a number of houses of peaceable and unoffending 
citizens, and did destroy a considerable amount of personal property, 
and have repeatedly proclaimed that they would regard no law of 



THE WAKARUSA WAR. 169 

this territory, resist by force of arms all officers, and those aiding 
and assisting them in the execution of the laws, or any process 
issued in pursuance thereof: 

"And whereas, also, I have received satisfactory information 
that this armed organization of lawless men have proclaimed their 
determination to attack the said Sheriff of Douglas County, and 
rescue from his custody a prisoner, for the avowed purpose of 
executing him without a judicial trial, and, at the same time, 
threatened the life of the said sheriff and other citizens : Now, 
therefore, to the end that the authority of the laws may be main- 
tained, and those concerned in violating them, brought to immedi- 
ate and condign punishment, and that the said Sheriff of Douglas 
County may be protected from lawless violence in the execution 
of the lawful warrants and other process in his hands, I, Wilson 
Shannon, governor of said territory, have issued this my proclama- 
tion, calling on all well-disposed citizens of this territory to rally 
to the support of the laws of their country, and requiring and com- 
manding all officers civil and military, and all other citizens of this 
territory, who shall be found within the vicinity of these outrages, 
to be aiding and assisting, by all means in their power, in quelling 
this armed organization, and assisting the said sheriff and his 
deputies in recapturing the above-named prisoner, and aiding and 
assisting him in the execution of all legal processes in his hands. 
And I do further command that the district-attorney, for the dis- 
trict in which these outrages took place, and all other persons con- 
cerned in the administration or execution of the laws, cause the 
above offenders, and all such as aided or assisted them, to be im- 
mediately arrested and proceeded with according to law. 

" Given under my hand and the seal of this territory, this 29th 
day of November, in the year of our Lord eighteen hundred 
and fifty-five. 

" [l. s.] Wilson Shannon. 

*' By the Governor : D. Woodson, Sec'y of the Territory" 

Whether the authorship of this document belongs to Governor 
Shannon or Secretary Woodson is doubtful ; but from what little 
I know of the facts, I incline to believe that it was concocted by 
15 



170 THE CONQUEST 01^ KANSAS. 

both of them at Shawnee Mission, and penned bj Woodson at 
Lecompton on the oOth. That gentleman went up from Shawnee 
Mission to Lecompton on the 30th. The proclamation was 
received and printed at Leavenworth on the first of December. 

General Eastin, the editor, bogus councilman, brigadier of 
" militia," &c., gave publicity to the pronunciamento, and also to 
the following documents, which were issued on the same handbill, 
and circulated freely in Platte, Buchanan, and Clay Counties, 
Mo., although I never heard of but one having been seen in the 
territory : > 

" Head-quarters of Second Brigade of Northern Division of ) 
Kansas Militia, Leavenworth City, JVov. 28, 1855. 5 

" To the Militia of the Second Brigade : 

" Information has been received by me that a state of open 
rebellion is now in existence in Douglas County, Kansas Territory. 
This is, therefore, to command the militia of my brigade of the 
Northern Division to meet at Leavenworth city, on Saturday, 1st 
day of December, 1855, at 11 o'clock, a. m., armed and equipped 
according to law, and to hold themselves in readiness, subject to 
the order of Major-General W. P. Richardson. 

" Bring your arms and ammunition along. 

" LuciAN J. Eastin, 

" Brig. Gen. of Id Brigade^ Northe^'n Division Kaiisas Militia.''^ 

" TO ARMS ! TO ARMS ! 

" It is expected that every lover of law and order will rally at 
Leavenworth on Saturday, December 1st, 1855, prepared to march 
at once to the scene of rebellion, to put down the outlaws of Doug- 
las County, who are committing depredations upon persons and 
property, burning down houses, and declaring open hostility and 
resistance to the laws, and have forcibly rescued a prisoner from the 
slieriff. Come one, come all ! The laws must be executed. The 
outlaws, it is said, are armed to the teeth, and number one thousand 
men. Every man should bring his rifle, ammunition, and it would 
be well to bring two or three days' provisions. Let the call be 
promptly obeyed. Every man to his post, and do his duty. 

" Many Citizens." 



THE WAKAKUSA WAR. 171 

About the same time the following document was read before a 
meeting in Platte city, Mo. It was addressed to a certain gen- 
eral in Leavenworth, and handed by that accommodating individual 
to the proper parties : 

" Dear General : The governor having called out the militia, 
this is to inform you to order out your division, and proceed forth- 
with to Lecompton. The governor not having the power, you can 
call on the Platte Kifle Company, as our neighbors are always 
ready to help us. Do not implicate the governor, whatever you 
do." 

This copy I obtained from a gentleman, who copied it from 
hearing it read several times. He also appended a signature, 
reported to have been attached to the letter ; but, as a certain high 
territorial officer under the national executive has sworn and sub- 
scribed to an affidavit, in which it is certified that he did not send 
such a letter, I, therefore, append no name, not wishing, of course, 
to implicate any one else, and let the reader conclude that it must 
have been one of the base fabrications of the border ruffians, got 
up for effect. 

As the report has been circulated that the bona fide inhabitants of 
the territory were first called, and that, failing to realize a sufficient 
force thus, the Missourians volunteered, and were received; I 
will state, that so far from this being the case, the first, and ordy 
men in camp against Laivrence for several days^ came from Mis- 
souri. The first company, consisting of about fifty persons, from 
the neighborhood of Independence and Westport, came up on the 
29th of November, and halted and camped at Franklin. Imme- 
diately on their arrival I rode down from Lawrence to see them. 
They had six wagons, a buggy, and spring-wagon, which were 
drawn up in a semi-circle, in an opening near the centre of the 
village. They were a motley crew. A considerable number of 
them were shooting at a mark ; all had been drinking, and many 
were staggering about tipsy. From their appearance I should 
judge that they were the scum and riff-raff of the two places men- 
tioned, and had doubtless been easiest started, from the flict of 
having no occupation. They were the pioneer party, and had no 



172 THE CONQUEST OF. KANSAS. 

territorial functionaries, bogus or otherwise, with them, or near 
them, when I saw them. They freely admitted that they were 
from Missouri. 

They were not yet under military orders, and did not keep a 
very strict camp. They were loud in denunciation of the " aboli- 
tionists," and profuse in threats about " drawing a bead on a blue- 
bellied Yankee," and " running the d — d abolitionists out of the 
territory." About the avowed casus belli, the rescue of Branson, 
they seemed to know or care nothing. 

I append the following extracts from statements made by Gov- 
ernor Shannon, which ought to be authority as to the persons that 
composed the invading army : 

" I can thus account for the intense excitement which was gen- 
erated among the pro-slavery men of the Missouri frontier, and 
which finally resulted in their flocking to the aid of the upholders 
of territorial law in Kansas. 

" Missouri has fifty thousand slaves in that portion of her terri- 
tory which borders upon the frontiers of Kansas. By estimating 
the average value of each of these slaves at six hundred dollars (a 
low rate), we have a total of $30,000,000. Now, should Kansas 
become a free state, it would be ruinous to the slave-holdino; inter- 
ests of Missouri." 

While I venture to take exceptions to the governor's conclusions, 
still there is, unquestionably, a great deal of truth in his premises. 
It is also certain that somethino- of the feeling to which the 
governor alludes existed ; but whether it arose solely from the 
cause which he mentions, or from desire to extend slavery into the 
territory, hatred to all that was inimical to slavery extension, or 
from a desire to secure political power to nationalize the institu- 
tion, is a point on which men may difier. - 

The governor further says : 

" Missouri sent not only her young men, but her gray-headed 
citizens were there ; the man of seventy winters stood shoulder to 
shoulder with the youth of sixteen." 

If this were true it would only show that the mischief was 
deeply seated, when the experienced and influential should thus 
readily engage in an outrage in a neighboring territory. 



THE WAKARUSA WAR. 173 

These men from the first, and all through the campaign, claimed 
to be acting as territorial " militia," and that they were acting 
under orders from the governor. How true this was may be 
judged from the following apologetic statement from Shannon : 

" These men came to the Wakarusa camp to fight ; they did not 
ask peace ; it was war — wai' to the knife. They would come ; it was 
impossible to prevent them. What, then, was my policy? Cer- 
tainly this ; to mitigate an evil, which it was impossible to sup- 
press, by bringing under military control these irregular and 
excited forces. This was only to be accomplished by permitting 
the continuance of the course which had already been adopted, 
without my knowledge, by Generals Richardson and Stricklar ; 
that is, to have the volunteers incorporated, as they came in, into 
the already organized command. A portion of these men, who 
were mostly from Jackson County, Mo., reported themselves to 
Sherifi" Jones, by giving in a list of their names, as willing to serve 
in their posse ; and he, after taking legal advice upon the question, 
determined to receive them. They were accordingly enrolled." 

It would be useless to follow the governor through the fallacies 
of the above statement. Its sophistry is too glaring, and the 
assigned reason altogether inconsistent. If the two generals dis- 
obeyed him in thus enrolling militia, it was certainly an odd 
" policy " on his part to endorse it. That it was the hope of 
thereby preventing their attack, will be proved false in the sequel. 
The fact is that all of these apologies were only thought of, and 
set forth, at a much later date, when the consequences of his im- 
prudence became apparent. 

15# 



CHAPTER XIII. 

WAKARUSA WAR — ITS INCIDENTS. 

The morning after the rescue of Branson there was a meeting 
held in Lawrence. Mr. S. N. Wood, one of the rescuers, was called 
to the chair, and took it with a sword belted to his waist. The 
chairman gave an account of the rescue, and stated his participa- 
tion in it. Mr. Branson was called on, and in simple style re- 
lated the occurrence. He spoke, also, of his murdered friend 
Dow. In conclusion, he appealed to them for support ; but said 
if they wished it he would go home, and, if necessary, die there. 

His address was received with acclamations, and the hastily 
gathered meeting declared that he should be protected. They also 
passed resolutions declaring that no officer under that Bogus Legis- 
lature should be allowed to make arrests. Several prudent voices 
dissented from any public action on this, but the majority were 
determined. In doing so there is no question but they were 
merely carrying out the expressed wish of the meetings and con- 
ventions held in the territory. The position taken called for 
resistance to these bogus officers. And when this rescue had been 
considered, with all the aggravating circumstances connected with 
the arrest, it indeed presented a true issue of the point in dispute. 
So thouo;ht and so said the first meetino; held in Lawrence. 

But there was another view of the question, and that the more 
thoughtful were not slow to take ; in fact. Dr. Bobinson took it 
from the first. It was that Lawrence must not assume anything 
for which it was not responsible, be the quarrel just or unjust. It 
was well known that a pretext was sought to destroy Lawrence, 
and it was determined that the ruffians should have no apology 
for their attack, if it was to be made. In the afternoon session of 



THE WAKARUSA WAR. 175 

the same day, it was therefore decided that Lawrence had and 
would have nothing to do with the matter, leaving the position to 
be taken by any of its citizens, with regard to the bogus laws, for 
their own individual action at such times as the pretended officers 
might assail them. This position, when taken, was not supposed 
to concede anything. All united in regarding the laws and offi- 
cers, imposed by the body of men who assembled at the Shawnee 
Mission, as having no power or effect, and that the action of any of 
these would-be officers was simply a case of assault on any one on 
whom they might pretend to operate. But those who managed the 
defence of Lawrence reasoned that they could not organize a force 
contemplating resistance to any body of men simply because these 
men pretended to be legislators or officers. In doing so they 
would refer their rights to the arbitration of violence, which they 
were not inclined to do. 

A vrdv kindled thus might have been most disastrous in its conse- 
quences, and have furthered the schemes of the Southern nullifiers. 
It was a love of the Union, and a patriotic desire to save it from the 
flames of civil discord, that induced the prudent and high-minded 
men entrusted with the defence to forbear raising a warlike issue 
themselves on this. It was hoped that Congress, just then about 
to assemble, would, the moment the case was presented, take steps 
to secure the rights of the settlers, without resorting to civil war. 
But they had not even then fully realized the inveterate purpose 
of their enemy, or the weakness of the government to aid them. 

In consideration of the threatening aspect of affairs, a commit- 
tee of safety, composed of ten persons, was formed for the protec- 
tion of the town. These selected Dr. Robinson, one of their num- 
ber, as comnmnder-in-chief of the defence ; and that gentleman, 
with their consent, authorized Col. Lane, who had distinguished 
himself in the Mexican war, to take immediate charge of the field 
force. Other officers of experience were there to assist in defence, 
if necessary. 

While these steps were taken, and some two hundred men were 
mustered into service, it was concluded to keep everything as 
quiet as possible, to make as few warlike demonstrations as was 
compatible with safety, and not send to other portions of the 



176 THE CONQUEST OF KANSAS. 

territory until assistance was imperatively demanded. While Gren. 
Bobinson and the committee were thus at work, meetings were 
held every night, and also in the day-time. The state of affairs 
was freely and warmly discussed, and whenever the leaders saw 
that the popular excitement ran too high they adroitly diverted it 
by letting it off in resolutions. 

The rescue happened on the 26th, and it was the 29th before 
the first company of Missourians came up and encamped at Frank- 
lin, as stated in last chapter. All of this time Jones had never 
been heard from, and his movements could only be inferred from 
the thousand rumors constantly afloat. All of the rescuers re- 
turned to Hickory Point, where they lived, except Messrs. S. N. 
Wood, S. F. Tappan, and S. C. Smith, who lived in Lawrence; 
Branson also remained. Shortly after the Committee of Safety 
organized, and as soon as reliable information that a hostile force 
was beginning to assemble had reached them, they determined 
that the issue must be placed in its legitimate shape. It was 
known that the armed force was really gathering to attack and 
destroy Lawrence, and as Lawrence was not connected with the 
rescue, they deemed it proper that she should not be compromised 
by it. Branson was, therefore, requested to remove himself to 
some other part of the territory, where he could be safe. The 
three persons connected with the rescue, who lived in Lawrence, 
were also requested to leave, as the town was unwilling to organ- 
ize a force for the defence of their persons against the threatening 
force; although Gen. Bobinson, the committee, and the people 
of Lawrence were willing, and would be prepared to defend the 
town and citizens against any and all attacks from a hostile force. 

The reader will doubtless think that this was avoiding the issue, 
and such refusal to sustain such men publicly in an honorable act, 
for which they respected them in their hearts, was undignified, 
inconsistent, and timorous policy. To such I would merely say 
that diplomacy in time of war, and indeed at all other times, is a 
science. 

All day on the 29th of November, Missourians had been drill- 
ing and shooting at a mark in Franklin. The first company thus 
up, was, as I have stated, fifty men. A rumor came into Law- 



THE V/AKARUSA WAR. 177 

rence, at dusk on that evening, that a reinforcement of seven hun- 
dred men had arrived, and that Lawrence was to be attacked that 
night. I went out into the streets of Lawrence that night, and, 
though all was quiet enough, found here and there a guard pacing 
the streets with a Sharpe's rifle on his arm ; and a few other silent 
indications I noted told that those who had assumed the respon- 
sibility of defence " slumbered not, nor slept." The moon was 
not up, and the stars shone but dimly through a haze of smoky 
air, the prairie grass being in a flame in several directions. Some 
teams, that had come in from Westport at dusk, had reported hav- 
ing met armed horsemen, and men in wagons, with arms, ammuni- 
tion, and provisions, coming up from Missouri. One man said there 
was a compan}'^ drilling at Franklin in the afternoon. I also 
learned that a meeting had been convened at Westport the day 
after the rescue of Branson, and that runners were sent to seven 
counties to raise men ; later still, that they were enrolling men at 
Independence, and mulcting those who would not go, in five dollars, 
to defray expenses. Under these circumstances it is not surprising 
that there should be a good deal of uneasiness ; indeed, I was only 
surprised that there should not have been more. Grroups were 
assembled here and there. Hearty bursts of laughter occasionally 
told that some few discredited the danger, or despised it ; but seri- 
ous whisperings, and talk about the " seven hundred men at Frank- 
lin," showed that others w^ere not so easy. Indeed, all knew that 
if Lawrence was not attacked that night it was only because its 
enemies could not raise force enough to venture. 

About eight o'clock two men came in, and reported themselves 
as just up from Franklin, and that the seven hundred men were 
really there. I entered the chamber where the Committee of 
Safety was deliberating, and found by their anxious looks and 
preparations that the report was credited. Having been in Frank- 
lin that day, I, for several reasons, doubted its truth, and urged 
the propriety of such a fact being positively known if it was true. 
In company with Mr. Wm. Hutchinson, a member of the commit- 
tee, I walked down to Franklin thxit night. When we entered 
Franklin we found all silent, and the j^lace where the camp had 
been was deserted. The town appeared to be wrapped in sleep, 



178 THE CONQUEST OF JvANSAS. 

and not a noise was heard but the crcakinc^ of the swiuoino- si<2;n 
in front of the tavern, and the sound of our footsteps as we walked 
through. Being anxious to know where these men had got to, 
and whether they had received the reported reinforcements, we 
went on. Immediately below Franklin the ground breaks, and 
there are one or two miles of flat bottom between that point and the 
Wakarusa. Just as we were leaving Franklin we saw a couple 
of sentries, with their guns, pacing in front of us. As we ap- 
proached they walked up, as if they wished to interrogate ; but 
we passed them with a blunt " Good-night," and they did not ven- 
ture to molest. We had only gone about eighty yards when first 
the one and then the other discharged their pieces. We knew 
that they had not fired at us, and kept a sharp look-out, well 
knowing that it was a signal to those below. The Missourians 
had moved their camp down into the timber of the Wakarusa, 
and pitched it a quarter of a mile below the ford on the Cali- 
fornia road. This became the celebrated Wakarusa camp. 
They had received some reinforcements that evening, but they 
were light, and they had not force enough to make the attack. 
Having ascertained enough to know this, we returned. 

Next day I again went down to their camp. . A portion of 
them had moved up to Franklin for the convenience of the groce- 
ries, and were drinking and swearing, and shooting at a mark. 
They had several wagons there, from which banners with all kinds 
of mysterious devices were fluttering. When I got to the camp in 
the bottom, I learned that there were about one hundred and fifty 
men there. Riding on down the road, I saw four men stationed 
as guard near the ford. They were reclining on the ground when 
I first saw them, with long rifies in their hands. As I approached 
they sprang up to their feet and eyed me closely ; but I rode on 
without paying any attention to them, and they did not molest 
me. While going down the road I met several teams and horse- 
men coming up. They were all armed ; I conversed with most 
of them, and learned they were from Missouri. Indeed, as they 
were coining up the Westport road, which leads through Indian 
reserve to the state, this was apparent. One lot of these 
invaders particularly struck me. The party was composed of five 



THE WAKARUSA WAR. 179 

men. They had two ox-teams. They were dressed in homespun, 
and looked like Western farmers of the poorer class. Three of 
them were young, x)ne of these quite a lad. A middle-aged man, 
with a forbidding look, and a face like a bottle-brush, sat in the 
first wagon ; an old man of sixty, his hair gray, beside him. As 
they approached, I reined up my pony, and saluted them. They 
returned my salutation, and stopped their wagons. 

" Are there many more of the boys on the road? " I asked. 

" Yes, lots of 'em," responded one of the young men. 

" Where are you from ? " • 

" We 're from the neighborhood of Independence." 

"Are there many more coming from that quarter? " 

"Yes; we started ahead of the company; we're three days 
out. How many are in camp ? " 

" 0, well, not quite two hundred." 

" By G — d ! is that all ? " exclaimed two of them, in a breath; 
and one asked, " How many Yankees are there in Lawrence?" 

" I cannot say exactly; a good many of them." 

" Look here," said one of these youngsters, who evidently felt a 
little uneasy, "where is our camp? How far is it from Law- 
rence ? " 

"0, it 's just across the creek at the ford. It is six miles from 
Lawrence." 

While this was passing, the old man, who had not yet said a 
word, got out of the wagon, and, coming over to me, laid his great 
rugged hands on my horse's mane, and looked up at me from a 
sharp gray eye that time had not dimmed much. There was a 
whole volume* of interrogation in that keen, scrutinizing look ; and 
as I looked down in his hard wrinkled face with as bland a smile 
as possible, I could read his suspicions in every lineament of those 
wrinkled features. 

" An't you a Yankee ? " he at length asked. 

" 0, no ; I 'm a Sucker." 

" D — n it ! I knew he was all right," said the half-tipsy man. 
The old gentleman was evidently not reassured ; but appeared to 
be at a loss how to continue his inquiries. One of the young men 
broke in here. 



180 THE COIs^QUEST OE KANSAS. 

" Look here, stranger, did you ever see any of them Sharp e's 
rifles?" 

" Yes, I have seen them." 

*' What sort o' fixin' are they ? " 

" Terrible gun." 

" Say they kin load 'em ten times a minute — 'sthat so? " 

" Expect it is." 

" Well, how 'n thunder can they do it ? " 

" It 's done by machinery," we rejoined very mysteriously. 

" Is it a sevolvin' fixin' ? " asked the youngest of the lot. 

" Not exactly." 

" Well, how fur kin they carry ? " 

"0, well, I do not believe all the stories they tell of them. 
Indeed, I am confident that- they cannot carry a ball with any de- 
gree of accuracy much more than a mile ; that is, to do close 
shooting." I said this with as much coolness as possible, and it 
required an effort to repress a smile as I saw the anxious faces of 
the inquirers. 

" Have they got any cannons, them Yankees?" 

" They say that they have plenty of them, and any quantity of 
grapeshot and bomb-shells, and every other infernal machine ; but 
I don't believe it." 

My avowed scepticism did not appear to relieve them, and they 
drove on, looking very anxious. 

Shortly after I left them, I galloped off the road towards the 
east, and, after a desperate ride through bushes, and a somewhat 
unsafe and disagreeable fording of the Wakarusa, at a place below 
which looked shallow, but where there was no road, I came up to 
the Wakarusa camp from the other side, and, tying up my horse, 
went in amongst them. I found most of them anxious and rather 
despondent. They had expected that two or three thousand men 
would have been in their camp before this ; and, as they had heard 
terrible stories about a " thousand men in Lawrence," they saga- 
ciously concluded that they were not very safe. How they cursed 
those who were coming for their dilatoriness ; .d — d the leaders 
for their bad management, and swore at the " big bugs " who had 



THE WAKARUSA WAR. 181 

got them into it, and thus left them, and the pro-slavery men in 
the territory for not helping them ! 

" Look here," said one pretty determined-looking chap, in 
buckskin breeches, and a red flannel shirt ; " look here, if them 
infernal Yankees should take it into their head to come down here 
we would be in a darned nice scrape ! " 

" Pshaw ! " said another ; " we could use up a nation o' them 
white-livered Yankees." 

'' Not so fast, Tom," said a third. " If a thousand o' them 
fellows were to come to towni with them infernal guns o' theirn, 
they 'd make this here patch pretty hot, I tell you." 

Before I left the camp, another reinforcement of five wagons 
and a lot of horsemen arrived from Ckiy County, Mo. They had 
some of the stolen public arms with them, and one cannon. 
Over one of the wacjons a laro;e flaa; floated. In the centre of it 
there was a large purple star. These men were received with 
yells and enthusiasm ; the camp resounded with shouts and wild 
screams. In the midst of these the strange flag was hoisted on a 
tree in the centre of the camp. I rode off unperceived, as it went 
up amidst the wildest shrieks and yells, and, as I looked back, 
and saw the fiUibusters' flag floating over them, felt thankful that 
they had not disgraced the flag of our common country. 

It was late in the afternoon as I returned through Franklin. 
The revellers were still there. Most of them were tipsy, and a 
few were stretched out on the sward hopelessly drunk. One of 
their number, a swarthy-looking disciple of Paganini, in home- 
spun pants, and dirty blue shirt, was perched on a log, playing on 
the fiddle, while a group of wild-looking, tipsy men were dancing 
round him, and cutting all kinds of capers. Another half-tipsy 
crowd were trying to prop up the back of a little log grocery, 
while they sung, 

" We 've camped in the wilderness 
For a few days, for a few days ; 
We 've camped in the wilderness, 

And then we 're going home. 
I 've a right up yonder," &q. 

When a copy of the governor's message reached Lawrence, 
16 



182 THE CONQUEST 0¥ KANSAS. 

which it did two days after its date, — a copy being brought from 
the frontier of Missouri, — it aroused the liveliest indignation. A 
committee of the citizens was appointed to report on it, which 
they did as follows : 

" That the allegations contained in the proclamation aforesaid 
are false in whole, and in part ; that no such state of facts exists 
in this community ; that if such representations were ever made 
to Governor Shannon, the person or persons who made them have 
grossly deceived him. That no association of lawless men, armed 
with deadly weapons, has ever been formed in this community for 
the purpose of resisting the laws of the country, trampling upon 
the authority of its officers, destroying the property of peaceable 
citizens, or molesting any person in this territory, or elsewhere, in 
the enjoyment of their rights." 

A day or two afterwards a memorial to Congress was framed, 
and numerously signed. When it was drawn up, the Missouri 
"posse," or " militia," had commenced their depredations, and it 
alludes to this : 

" To the Honorable the United States Senate and House of 
B.eprese7itatwes in Congress assembled : 

" Your memorialists, citi2;ens of the United States, and resi- 
dents of Kansas Territory, respectfully represent unto your honor- 
able body that, without any justifiable cause whatever, Grovernor 
Shannon has caused to be issued a proclamation, and under it 
military orders have been issued, calling upon the militia of Kan- 
sas and Missouri to meet at certain points within the territory, 
armed and equipped, and to march against certain portions of our 
people and territory. Copies of such proclamation, military 
orders, and a letter from Daniel Woodson, Secretary of the Ter- 
ritory, to Lucien J. Eastin, editor of the Kansas Herald, are 
herewith inclosed ; from which it will be seen that your memorial- 
ists are exposed to the authorized march of a military force from 
Missouri, who are arresting our citizens, and committing depreda- 
tions on persons and property only known in cases of war between 
hostile countries. Devoted as we are to the Constitution and the 
Union, and estimating neither as secondary to slavery, we ear- 



THE WAKARUSA WAR. 183 

nestly invoke the interposition of Congress so far as to send for . 
persons and papers to substantiate the truth of our statements 
herewith inclosed." 

That it was no part of Jones' object to make peaceable arrests 
is clear from the fact that he came into Lawrence on the first of 
December, and went about the streets without any one paying the 
slightest attention to him, — that is, to molest him. Mr. S. N. 
Wood, who, at first refused to leave town, and said they could 
arrest him, accosted Jones, and invited him to dinner. Jones 
never said a word about having writs against him. He was evi- 
dently in town merely on a military reconnoisance. 

The invaders began to get very uneasy about this time. Both 
officers and men were apprehensive of an attack ; hence General 
Eastin sent the following letter to Governor Shannon : 

"Leavenworth, K. T., A^ov. SOth, 1855. 
" Governor Shannon : Information has been received here 
direct from Lawrence, which I consider reliable, that the outlaws 
of Douglas County are well fortified at Lawrence with cannon and 
Sharpe's rifles, and number at least one thousand men. It will, 
therefore, be difiicult to dispossess them. 

" The ' militia ' in this portion of the state are entirely 
unorganized, and without arms. 

" I suggest the propriety of calling upon the military at Fort 
Leavenworth. If you had the power to call out the government 
troops, I think it would be best to do so at once. It might over- 
awe these outlaws, and prevent bloodshed. 

" L. J. Eastin, 
*' Brig. Gen. 'Northern Brigade^ K. T." 

This humane desire of the general to prevent the " effusion of 
blood " is, under such circumstances, pretty good. The governor 
immediately complied with its request, and sent a despatch to 
Colonel Sumner, at Fort Leavenworth, to ask the aid of the 
troops. Colonel Sumner sent back the following prudent mis- 
sive : 



184 THE CONQUEST OP KANSAS. 

*' Head Quarters, 1st Cavalry, i 
Fort Leavenworth, Bee. 1st, 1855. ^ 

" Governor : I have just received your letter of this day. 
I do not feel that it would be right in me to act in this important 
matter until orders are received from the government. I shall be 
ready to move instantly whenever I receive them. I would 
respectfully suggest that you make your application for aid to the 
government extensively known at once, and I v/ould countermand 
any orders that may have been given to the movement of the 
militia until you receive the answer. I write this in haste. 
" With much respect, your obedient servant, 

" E. V. Sumner, 
" Colonel First Cavalry. 
" His Excellency, Gtovernor Shannon." 

This is a very fair indication of what Sumner thought of the 
" militia " movement. In compliance with the suggestion of Col. 
Sumner, the governor telegraphed to the President, asking the 
aid of the troops. That this movement was extremely objection- 
able to the Missourians, and the border ruffian leaders generally, 
is certain. It was unquestionably an indiscretion on the part of 
Eastin, as a member of that party; for, although the threatening 
aspect of the case seemed to require it, the leaders well knew that 
the troops would only be in their way, and would probably pre- 
vent the destruction of Lawrence. They did not despair of get- 
ting men enough ; although the fact that ten days of active ex- 
ertion only succeeded in getting up some fifteen hundred men, 
showed that the Missourians were more ready in volunteering to 
vote than to fight. With regard to the numbei' of the invading 
force, I subjoin the following statement of Shannon's : 

" The pro-slavery forces thus collected, including the militia, 
amounted on the 1st or 2d of December, 1855, as it was then 
stated to me at the Shawnee Mission, to about fifteen hundred 
men ; and it was also reported that an equal number of free-state 
men had collected in Lawrence." 

On Saturday and Sunday the camp on the Wakarusa increased 
rapidly, and a camp was formed at Lecompton. In the camp at 



THE WAKARUSA WAR. 185 

Lecompton there were, perhaps, fifty pro-slavery residents of the 
territory, including the Kickapoo Rangers. At no time during 
the war were there more than seventy-five or eighty pro-slavery 
residents under arms. The camp at Lecompton was mostly made 
up from Platte and Buchanan Counties, Missouri. As they began 
to get stronger they grew proportionably bold. On the second 
of December strict orders were issued to both camps. Lawrence 
was placed under surveillance ; the roads were guarded ; travellers 
were stopped, searched and disarmed, and sometimes taken 
prisoners; wagons were stopped, and, under the pretence of 
search for arms and stores, they were plundered. Besides this, 
scouting parties went over the country, plundering many of the 
settlers. 

As it was feared by the ruffian leaders that the attempt to make 
arrests would not make a sufficient casus belli, General Kichard- 
son sent the following letter to the governor : 

" Lecompton, K. T., Dec. M, 1855. 
" His Excellency, Governor Wilson Shannon — 

" Dear Sir : I believe it to be essential to the peace and 
tranquillity of the territory that the outlaws at Lawrence and 
elsewhere should be required to surrender their Sharpe's rifles. 
There can be no security for the future safety of the lives and 
property of law-abiding citizens unless these unprincipled men are 
(at least) deprived of the arms, which, we all know, have been 
furnished them for the purpose of resisting the law. In fact, 
peaceable citizens will be obliged to leave the territory unless 
those who are now threatening them are compelled to surrender 
their rifles and artillery, if they have any. 

" I do not, however, feel authorized, by the instructions which 
you have given me, to make this demand. Should you concur 
with me in my opinion, please let me know by express, at 
once. 

" A fresh rider had better be sent up in lieu of this, as he will 
be fatigued. I am diligently usiiig every 'precaution to 'prevent 
the effusion of blood, and preserve the peace of the territory. As 
the Sharpe's rifles may be regarded as private property by some, I 



186 THE CONQUEST OP KANSAS. 

can give a receipt for them, stating that they will be returned to 
the owners at the discretion of the governor. 

" Yery respectfully, your obedient servant, 

" William P. Richardson, 
" Maj 01' 'General, commanding Kansas Territorial Militia" 

When the report of the burning of the shanties of Hargus and 
Coleman reached Lawrence it excited a feeling of regret and 
anger. 

There is but little doubt that these shanties were burned by the 
men who had endeavored to arrest Branson, or some of them, 
and was a deep-laid part of the same scheme which was evidently 
designed to precipitate the quarrel. I have not seen a free-state 
man who does not deprecate the transaction ; few of these believe 
that any free-state man did it ; and when it was supposed at first 
that some foolish free-state man had done so in the excitement, 
there was a general wish to ferret it out and have him punished. 
An examination of the facts shows that the guilt in all probability 
lies at the doors of those who wish to make capittil out of it. At 
the meeting held at Hickory Point, to investigate the murder of 
Dow, a resolution was introduced, and unanimously sustained, 
which deprecates reprisals of that kind, as likely to bring reproach 
uiDon the free-state men, no matter what the provocation. It is 
also known that all the free-state men in the immediate vicinity 
were engaged in the rescue of Branson, and came on with him to 
Lawrence. Buckley had been seen in the direction of his own 
house by some women about the time it was burned. The houses 
destroyed were only shanties, worth little, and had nothing in 
them, as the owners had left them a day or two before. 



CHAPTER XIV. 

ADVENTURES WITH THE BORDER RUFFIANS. 

For miles around Lawrence the country was in a state of war- 
like preparation and excitement. Armed companies of citizens 
from different parts of the surrounding county and territory began 
to arrive in Lawrence. The town was invested by the enemy, 
although to the south people were still coming and going. Such 
was the state of affairs when, on Monday morning, I started to go 
down once more to reconnoitre the camp on the Wakarusa, and, 
if I could get through, to go down and see the governor. 

Passino; throuo;h Franklin, I observed that there was now no reo;- 
ular camp in the village ; but there were some fifty or sixty idlers 
from the camp below, drinking and loafing around the place, for 
lack of something better, or worse, to do. They had no regular 
guard ; but two or three of them, with arms in their hands, 
marched up to me as I was riding along, and ordered me to halt. 

" Where are you going ? " 

" Down below," said L 

" You can 't do it." 

''Why not?" 

" Orders are given to let no one pass." 

" There is no guard here." 

" J) — n it, we 're the guard ! Where are you from ? " 

" I am staying in the territory." 

" Have you any business down there ? " 

" Yes." 

"I believe he's from Lawrence," said one of the number; 
" he 's been down here every day." 



188 THE CONQUEST OF KANSAS. 

Reader, did you ever happen to be in the centre of a group of 
some twenty ruffianly fellows, half-tipsy, armed to the teeth, vow- 
ing murder on their enemies, of whom they suspect you to be one ? 
If so, you can realize my sentiments as I regarded the group by 
which I was surrounded. 

" By Gr — d, sir," said one man, " if you go down there, you 
will wish you was back again ! They '11 take you." 

" If I once get to the camp where the officers are I am not 
afraid of being taken." And I said this with an assumed cool- 
ness and as much assurance as I could muster. It seemed to 
have the desired effiict, for they gave way, and one of them said : 

*' Well, let him go ; if he an't all right, he 's safe enough." 

I rode on as rapidly as possible. Immediately below Franklin 
the upland prairie breaks, and a broad, flat bottom, covered with 
a very luxuriant grass, stretches between the slope and the timber 
that skirts the Wakarusa. As I descended the slope I saw a 
horseman before me. Numerous other parties were galloping 
across the plain in every direction, but he was travelling alone, 
and at a moderate pace. I overtook and saluted him. He was 
mounted on a powerful gray horse, had a long rifle thrown across 
the saddle before him, and a couple of pistcl-holsters. In appear- 
ance he was a cross between the gentleman and border ruffian ; 
only a slightly sinister expression gave the latter the preponder- 
ance. He was a strongly-built man, and well equipped for travel. 
It was Marshal Jones. 

Riding to the sunny side of him, I addressed him as blandly as 
possible. He returned the salutation, but looked at me suspi- 
ciously ; and, as I rode alongside of him, he said : 

" May I ask where you are going, sir ? " 

" I am going down below." 

" How did you get through the guard at Franklin ? " 

" Guard ! They do not stop people on the highway, 
they ? " 

" Certainly. The whole country is in a state of war." 

"War! Who declared it?" 

" Which way did you come ? " said he, abruptly. 

*' I came from above." 



ADVENTURES WITH THE BORDER RUFFIANS. 189 

" Well, I mean in wliat part of the territory clo you live ? " 

" I have not located yet. I have been all over it." 

" What state arc you from, stranger ? And may I ask what is 
your, business ? " 

" I am an Illinoisan, an editor, and a lawyer. May I inquire 
your name and place of residence ? " I said, thinking it time to 
have some questions from the other side. 

" My name is Jones — Marshal Jones. I live in Westport." 

He said this with an evident disinclination to be questioned. 
He continued : 

" Look here, sir. I don't see where you could have come from, 
or how you could have travelled, not to have heard about the war 
before this, or have been taken." 

" I did hear about the difficulties, but did not suppose war had 
been declared, or that any one could declare it as matters are." 

" Where did you hear of them ? " 

" In Lawrence." 

He eyed me very sharply when I said this. I rode on, looking 
as indifferent and careless as possible. 

" Well, sir, let me tell you," he resumed, "you're well out of 
Lawrence. That place will be wiped out one of these days. By 

G — d, sir, they are all traitors, there, and d d abolitionists! 

We 've got to wipe them out. There will be no peace in the ter- 
ritory till it 's done ; and we 'd better do it before they get any 
stronger." 

" But such an attack on the place would lead to a war." 

" Well, d — n it, that 's what we want." 

" But, if war begins this way, where will it end ? Might it 
not endanger the peace of the whole country, and even the 
Union ? " 

" D — n the Union ! " he said. " We have gone in for peace long 
enough. We have got to fight some time or other, and may as 
well do it now. We have got the law and the authorities on our 
side, and we will take that town. It's no use talking; we have 
got to fight. We have seven hundred men in the camp down 
there ; there is a large reinforcement coming on, that will arrive 
to-night or to-morrow, and the Platte County people will be here. 



190 THE CONQUEST OF KANSAS. 

All of these troops, sir, are enrolled, and accepted by the gov- 
ernor. They are here to enforce the laws ; and, by G — d, they '11 
do it ! We have got the law with us, and all this matter has been 
arranged by long heads, who know what they are about. We shall 
insist that the people of Lawrence give up those fifteen men to us, 
and also that they give up their Sharpe's rifles, and other arms, 
and we will destroy the big hotel." 

" But you cannot expect compliance with those requisitions. 
Those men are not in Lawrence. The guns they will not give up, 
especially when they are menaced." 

" Well, d — n them, we '11 make them ! " 

" Well, I cannot hope and pray for your success." 

"What!" and his eyes lighted up more fiercely; "do you 
mean that you will hope and pray for the other side ? " 

And, as he spoke, he lifted his rifle a little on his arm ; it 
might have been merely for a change of position, it might have 
been a menace. I, merely by chance, loosed the button of my 
overcoat, inside of which was my revolver, and, changing the 
subject, I pointed to the plain we were traversing, and said : 

" This is a very rich bottom — it would make a fine meadow ; 
or would it not suit for the production of hemp ? I am not much 
acquainted with its culture." 

I avoided his eye, for I felt I could not look into it pacifically 
enough. I saw he looked fierce; but my indifierence disarmed 
him, although he did not respond to my remark very cheerfully. 
I continued to inquire about the soil, and other commonplaces, 
which seemed to annoy him, although he tried to answer as 
politely as he could. 

We soon entered the timber, and in a few minutes more 
reached the fresh-beaten path that led ofi" the road into the 
camp. He halted his horse at that point, as did I. For a 
moment he appeared to be wrapped in thought ; then he said : 

" This is our camp, in here, sir, and you can't go in ; at least 
you had better not." 

"Why?" 

" Why, because they will take you prisoner, and I don't know 
that I should let you pass. But I believe you don't mean any 



ADVENTURES WITH THE BORDER RUFFIANS. 191 

harm, although you talk too freely for these times. Where are 
you going ? " 

" I am going down below." 

" Well," he said, as if he had made up his mind to a magnan- 
imous thing, " well, I '11 see you safe through the guards at the 
ford." 

" What is the ford guarded for ? By whose orders ? " 

" By orders of the governor. All of these men are regular 
militia of the territory. Had you gone there alone they would 
have taken you prisoner in about five minutes." 

He rode down to the ford with me. As we approached it I 
saw a wagon in the bed of the creek ; it appeared to be loaded 
with merchandise, doubtless designed for some unfortunate mer- 
chant in the interior. Three or four armed men were rummaging 
and searching it with great zeal. The bed of the Wakarusa is 
nearly dry at the ford, and very wide. At the opposite side from 
Lawrence the road goes through a narrow cut in the bank ; and 
here the sentries were posted, armed with long rifles and revolv- 
ers. As I had no intention of giving up my arms, and knew that 
was part of the ceremony, I merely waited until my obliging com- 
panion had got ready, and our horses had drank, when we rode 
up to the guard, and my companion said : 

" This man is travelling — going down below — let him go 
through." 

I was riding on, when the person in charge of the guard said : 

" Stop, we must examine you ; our orders are positive — come 
back, sir." 

Now no chieftain amongst the border ruffians likes to have 
his authority called in question. Marshal Jones fancied himself 
of sufficient importance to act; and, as he had told me " he would 
see me through," with an air of perfect security in his power to 
do so, he felt piqued, and his reputation was at stake. He said 
to the captain of the guard : 

" I will endorse this man. He 's all right. He 's going below. 
I will see to it." 

" Marshal Jones," said the captain of the guard, respectfully, 
" that may all be ; but we 've got orders from Greneral Stricklar, 



192 THE CONQUEST OP KANSAS. 

and they come from the governor, and we can let no one pass 
whatever without taking their arms, and if they are not all right 
we take them prisoners." As he said this they approached me, 
and two of the cut-throat looking individuals were just about to 
put their hands on my overcoat to feel for arms, when, not 
approving of such familiarity, I struck my pony with my heel, and 
trotted out from them. 

" Stop ! stop ! " cried the sentry in command, advancing towards 
me, and pointing a revolver. " Stop ! stop ! " cried the other 
sentries, lowering their rifles ; and I saw the sunlight gleam on the 
long barrels as they were brought down. " Stop ! for God's sake, 
stop ! " cried Jones, riding up. 

I had ridden through them, and about eight yards up the bank. 
My intention was to ride on ; for I did not think they would dare 
to shoot a traveller under such circumstances. But when I heard 
them shout to me I looked round, and as my eye wandered over 
the long gun-barrels pointing towards me, and I saw a wild devil 
in the men's eyes, I halted. . 

" You must give up your arms ! " 

" I am travelling ; I may need them ; I do not want to lose my 
property." 

" I will guarantee its safety," said Jones. 

I had an excellent six-shooter in my belt, and a small four- 
barrelled French revolver in my pocket. I took out the latter 
and handed it to Jones, saying I should hold him respon- 
sible for it. 

" You see, gentlemen," said Jones, " he has given up his arms." 

"Well," was the surly response, — for the guard would rather 
have had my pistol themselves, — " he must go back to the camp 
and be examined." Such was the next demand. My first deter- 
mination was to resist it ; but, reflecting that this would be the 
only chance to go into camp now, I turned my horse around, 
trotted across the creek again, and rode down into camp, Jones 
at my side, and an ill-favored looking scoundrel behind us. 

Tjjie camp had received considerable additions since I had last 
seen it. Wagons and carriages were scattered here and there in 
all directions. I saw several dirty-looking tents, and the smoke 



ADVENTURES WITH THE BORDER RUFFIANS. 193 

of the cainp-fires cur]ed up among the oaks and elms ; and around 
these the idle aJve!iturers were lying in groups, many of them 
evidently in 11 quo r. There were two or three banners flying, mth 
different devices, but the large flag, with the lone star on it, was 
over the centre of the cainp, being the symbol of the great secret 
Blue Lodjye of Western Missouri, of which Atchison and Strino:- 
fellow are the leaders, and these fierce and half-civilized men the 
disciples. ^ 

A crowd gathered round us. The captain of the guard was 
sent for, and some of the fellows commented on my presence, and 
the fact of my having been there often enough before. I also 
learned that they had a man confined in the camp, and concluded 
from their remarks that my chance of keeping him company was 
very fair. However, after some detention, I succeeded in getting 
away, Jones returning me my little French revolver, and another 
escort seeing me over the creek. Even then the sentries were 
very unwilling I should pass, and were for again questioning me, 
but I rode on. 

While in the camp I had instituted as close an examination as 
I could as to the state of affairs there. When I had ridden on a 
mile or two I stopped at Fish's *' Shawnee Hotel." I knew the 
proprietor to be a good free-state man. While there I saw a 
young Vermonter, fresh in the territory, and just on his way up. 
I told him he could not get through the guard. He "guessed he 
could if I could," Finding, on a little more conversation, that he 
was a person of some information, and of a bold and fearless 
disposition, I told him exactly how he would find the enemy's 
camp, and what difficulties he would have to encounter. He 
thought he could get through, I then wrote a note to Gen. 
Robinson, stating the precise condition in which the enemy's camp, 
their artillery, arms, etc., then were, and also informing him that 
the attack would not be made before Thursday at the soonest (a 
fact which I had ascertained). I also recommended them to have 
no uneasiness about my absence. Having got my despatches ready, 
and the young man having expressed his willingness to carry them, 
I gave them to him. He very coolly deposited them between the 
leather on the top of his boot, closing up the place so adroitly 
17 



194 THE CONQUEST OF KANSAS. 

that a cobbler would never have suspected there were treasonable 
despatches or anything else there. He said he would be in Law- 
rence that night, and would deliver them to the general ; and off 
he went ; and he got safe through, as only a Yankee could. 

He rode up to the guard at the ford, and before they had time 
to challenge him he gave the military salute, which might be mis- 
taken in a hurry for the travelling sign of the border ruffians, and 
in a sharp voice said : 

" Why don't you demand the countersign? " 

" Go on," said the officer of the guard, fancying he was all 
right. Keinforcements were indeed arriving every few moments 
from the direction in which he came. Having got in, he contrived 
to get out pretty much in the same way ; having managed it, as 
he told me afterwards, by " coming the Yankee over them." 

I started on my way to Shawnee Mission. I knew the governor 
had been a good deal in the hands of the pro-slavery men, and 
that he was weak and vacillating. I intended to make a true 
representation of the facts to him, and urge him to defer the 
enforcement of the few obnoxious laws until Congress met; or, if 
he must enforce them, to do it by officers really belonging to the 
territory, or by the United States courts. 

It was thirty -five long and weary miles off, and it was now noon ; 
but I started at a brisk trot, walking up all the steep hills to rest 
my pony. The road was thronged with teams of invading border 
ruffians, and, during the afternoon's ride, I met some half a dozen 
buggies and carriages. In these there were generally a couple of 
gentlemen, armed almost invariably with double-barrelled shot- 
guns, — titular dignitaries, colonels and majors, the politicians of 
Western Missouri. The rank and file of the marauding host were 
less intelligent and more noisy, often shrieking and yelling so that 
you could hear them afar off. Their equipment was simple and 
uniform, — a box full of corn and other feed, a box of provisions, 
some guns and other articles scattered in the bottom of the wagons, 
and generally two or three men within, and several horsemen 
accompanying the wagon. Dressed as the rougher backwoodsmen 
dress, with faces unwashed, and hair and whiskers unkempt, they 



ADVENTURES WITH THE BORDER RUEEIANS. 195 

appeared in fall keeping with their lawless occupation. Most of 
them had been drinking. 

Nio-ht set in when I was still several miles from the mission. 
Arrived there, weary and travel-worn, I learned that the governor 
was in "Westport. I rode on to Westport, which is some four 
miles distant. Not knowing where the governor stayed, I went 
to several houses, which appeared to be hotels, and inquired ; but 
when at last I found where he had been, I learned that he had 
started for the Mission ; so I despaired of seeing him that night. 

The hotels and other places of entertainment were crowded, and 
several camps of the border ruffians, on their way to Kansas, were 
around the town. As I was in several of the public places, I 
heard much of the discussion that was going on. I ascertained 
that Grov. Shannon had got despatches that night from the Presi- 
dent. What these were I could not learn authentically, but 
inferred it from the exclamation that, as " they had now got the 
authority of the government, they could go ahead safely." What- 
ever may have been said of outrages elsewhere, I heard little 
mention of them here. The remarks were of a congratulatory 
kind. " Now was just the time." " The river navigation was just 
closed, and there could be no reinforcements or supplies sent to 
the abolitionists" (the term they apply to the free-state men 
indiscriminately). " These fellows must be cleaned out of Kansas 
some time, and it would be easier to do it now than a year hence ; " 
that " there were only about three thousand five hundred free-state 
men in the territory," and that " a large number of these were 
dough-faces, and would not fight, and that men enough could be 
got in Missouri to ' clean them all out.' " 

They unfolded their plans, which were, to demand that Law- 
rence should deliver up all concerned in the rescue, and that the 
free-state men surrender their arms; that Lawrence be demol- 
ished, the leaders of the free-state party lynched, and the others 
warned to leave the territory. There was also a great deal of bul- 
lying and bragging about being " able to draw a ' bead ' on a 
blue-bellied Yankee," together with a good many other threats 
and suggestions too elegant and pithy to enumerate. 

I walked round town for some time. Camp-fires were gleaming 



196 THE CONQUEST OJ' KANSAS. 

in every direction. Indeed, the appearance of Westport that 
nifht was one of the most alarming; indications of the amount of 
force to be broudit against us that I had seen. It was about ten 
o'clock, but I determined to go on to Kansas city, three miles 
further, that night. 

My horse was so completely tired that, after riding a short 
distance, I got off and led him. I met one or two parties of 
border ruffians, who had come out of Clay County, Missouri ; but 
they did not molest me. 

I had travelled about halfway to Kansas when, having occasion 
to cross a small stream, I mounted my pony, and almost immedi- 
ately heard horses galloping behind. I rode on at about the same 
steady gait (perhaps a mile an hour), and in a few minutes a couple 
of horsemen dashed up to me, and passed, one on either side, 
reining in their horses about eight yards ahead. They whispered 
together, and I saw one of them pass something, which I took for 
a pistol in the dark, and then they dropped back alongside of me. 
I heard the rest of the party coming up behind. 

"Now may all the saints in the calendar take care of me this 
time ! " thought I. Whether my friend the Yermonter had been 
taken, and my despatches found in his boots, or whether some 
knowledge of my position on the staff of the Tribune had leaked 
out, were subjects that chased each other through my brain ; but 
they did not keep me long in suspense. 

"Did you see a man going along the road?" asked one 
of them. 

"No." 

"Well, there was a man rode down this way, and if you have 
not seen him we will hold you responsible." 

" That is rather singular." 

" You must go back with us." 

"I believe not; my horse is tired, and I am going on to 
Kansas." 

" That is nothing ; we arrest you." 

"Have you a warrant? has any crime been committed? or 
what do you want me for? Has any one been stealing a horse?" 

" No, not for that," said one of them ; " but there is trouble in 



ADVENTUKES WITH THE BORDER KUIFIANS. 197 

the territorj, and we have orders to let no one pass. You came 
out of the territory, did you not ? " 

" Yes, sir." 

"What part of it?" 

"Up above." 

Now my friend Marshal Jones was not at all inquisitive about 
the locality of " down below," and " up above," but these gentry 
appeared to be more captious. 

" Up where ? — what part of the territory do you live in ? " 

" I have not located in any point yet." 

" What point did you leave this morning? " 

Now my first impression was to answer no more of their imper- 
tinent questions. Then a little devil whispered that I should sug- 
gest " the south part of the territory ; " but I voted down the 
lying whisper mentally, and said, with something like dogged 
determination, I suspect, 

" Lawrence." 

Then some of them gave a whistle. 

" How did you get through? " asked the captain, who had been 
the chief spokesman. 

"I rode down." 

" Pish ! " said the captain. 

By this time there were a dozen of them about me, and they 
halted their horses. As I had no wish to stop, I kicked and 
switched at my pony, but he was immovable, and too glad for an 
excuse to stop to mind my kicking. 

" Do you know Gen. Pomeroy ? " asked one. 

" No, not personally ; I have heard of him." 

" Are you not carrying despatches from Lawrence to him ? " 

" No," I replied ; " I am travelling on the highway, and do not 
want to be molested." 

" Well, we have reason to know that you are carrying des- 
patches," said the captain. 

" Who are you, sir ? " I asked. 

" My name is Jones." 

" Jones — Jones ? " thought I. Sheriff Jones — Marshal Jones 
— Captain Jones ! — the Joneses were as plenty as blackberries. 
17* 



198 THE CONQUEST 0*" KANSAS. 

Were all the border ruffians of the Jones family? "And your 
name? " said I to the fellow on my left elbow. 

" Brown." 

Brown — I would as soon have thought of hunting for a needle 
in a hay-stack as finding out a man called " Brown." " And 
yours ? " said I to a third. 

" I don't see that it makes a d — d bit of difference to you 
what my name is," said he. 

" You must go back to Westport," said Jones. 

" My horse is tired, — I cannot go ; — besides, I have no busi- 
ness there." 

" We '11 find some for you ! " growled the surly man without a 
name. 

*' I cannot go if you have not a warrant." 

" We have authority for what we do." 

" What is your authority? " 

" The governor." 

" What governor ? " 

" Gov. Shannon." 

" You forget, gentlemen, that we are in Missouri." 

This seemed rather to nonplus them, but they continued : 

" You must go back." 

" I will not." 

" We will take you." 

"Very good." 

Here the party came to a halt. My horse was so tired that he 
stopped too, and would not budge ; and there I was in the midst 
of these scoundrels. As they were fingering their weapons, I also 
laid my hand on mine ; but I was very loth to shoot, for I knew 
that my chances would be slim in such a case. They looked at 
me, and I looked at them ; and there was one of those distressing 
pauses which are liable to occur when some one of a dozen men is 
expected to do something, yet no one feels exactly like assuming 
the responsibility. I feel confident they thought I was going to 
shoot the first man that laid a finijer on me. 

" Look here," said Capt. Jones, " we don't want any bloodshed. 



ADVENTURES WITH THE BORDER RUFFIANS. 199 

This don't amount to anything serious, I expect. Go back with 
us, and if we find all right you won't be molested." 

*' I can't go, gentlemen. How do I know but you may be high- 
waymen ? And if you want to do me any mischief, you might as 
well do it here." 

" What state are you from ? " 

I gave Capt. Jones an account of my antecedents, which was 
true as far as it went. 

" 0, well," said he, " you 're a Western man." 

Finding that I would not go back, they urged me to withdraw 
to a house not far oiF, and wait until the rest of their company 
came up, when, they said, we would all go to Kansas together, 
and, if I was found " all right," I could go ray way. Fearing that 
the scoundrels would forcibly seize me, and that the affair would 
end in bloodshed, and having a promise, on their honor, that I 
should not be molested in the house to which we were going, I 
went with them. The expected reinforcement did not come up, 
however. I learned subsequently that their intention was to go to 
the American Hotel and take out Pomeroy and lynch him ; but 
as they had expected fifty men to take a hand in it, and as they 
were only about fifteen, they did not attempt it. As I stood in 
front of the fire warming myself, and wondering what they were 
going to do with me, I heard them talk freely about what they 
had already been doing and intended to do. They spoke of the 
capture of Judge Johnson and others. They were drinking pretty 
freely, and the owner of the house where we went seemed to act 
as one of them. They drank once or twice without asking me to 
participate ; and then one of them, more humane than the rest, 
said, 

" Well, I 'm darned if this arn't too bad ! — Stranger," said he, 
approaching me with a jug, " take something to drink." 

" Thank you, I never drink." 

" Never drink ! " exclaimed two or three, with gaping eyes ; 
and then one of them said, 

" That 's just it ! This thing o' temperance, and abolitionism, 
and the Emigrant Aid Society, are all the same kind o' thing." 

I found I had fallen still more in repute, if possible. But I 



200 THE CONQUEST OF KANSAS. 

cannot detail all the incidents of that eventful night. I was sub- 
jected to the indignity of an examination for despatches, which I 
was supposed to have, and had only the remedy (which I was libt 
inclined to apply) of shooting one of these lawless scoundrels 
through the head. The search was instituted Vv^ith some decree 
of courtesy, and only by two of them, who invited me into another 
room for the purpose. 

While I was in the hands of these men I heard them lay a plot 
for lynching Pomeroj^, and express a fear that he v/ould get out 
of the territory before they could catch him. The majority were 
for hanging him at once ; but one more conservative than the rest 
said he " did not approve of that sort of thing." He thought he 
ought to be only tarred and feathered, after a good beating, and 
sent adrift on the river. Another offered an amendment to this 
proposition by suggesting that he should be rubbed with oil, and 
carefully blackened, so that the color would not come off, and then 
be set adrift on the river. These moderate sentiments appeared 
to be overruled — the majority declaring that he must bo hung. 
They also determined that the American Hotel should be torn 
down. 

I went immediately to Kansas, learned that the wires were 
down, and that I could not get a despatch off; and then sought 
out Gen. Pomeroy, got an introduction to him, and warned him 
of his danger. Several others in Kansas had also apprised him 
of it. He had made up his mind to start for Lawrence after din- 
ner. I had intended to return to the Mission to see the governor, 
but fearing he would have started for Lecompton, and that I 
should again miss him, and being requested by some gentlemen to 
accompany Pomeroy through the Delaware reserve, as they feared 
the scouting parties would pick him up, I concluded to go back to 
Lawrence with him. 

We crossed the Kaw river at the Wyandot ferry. There were 
two sentries there, but they did not venture to accost us. The 
moment the ferry-boat had fairly started over the river they hast- 
ily took the direction for Kansas city, and I have learned since 
that a party crossed after us in about an hour and a half. They 
would have to be true scouts to find us. We took every cross- 



ADVENTURES WITH THE BORDER RUEFIANS. 201 

road we came to, zigzagging ; and after nightfall reached the Bap- 
tist Mission, and were kindly received bj the Rev. Mr. Pratt. 
He secured an Indian guide for us, and, after resting and feeding 
our horses, we set out on a journey of twenty-six miles, starting at 
nearly ten o'clock. 

Our taciturn guide led the way by Indian trails, and through 
the whole of that long, weary night we travelled. It was so dark 
that the guide finally lost his way ; and, after wandering about for 
a while, dismounted and lay down on the grass, saying, in rather 
unsatisfactory English, " Well, I believe we are altogether lost." 
Having induced him to resume his march, we at length, after 
some miles of very rough riding, found the way. About three 
miles from Lawrence we came to a camp-fire ; but those who had 
been there had left. The Indian overheard me tell Pomeroy that 
I was in favor of forcing our way through any picket we should 
meet, for I had decided objections to going again into the camp at 
the Wakarusa. So he got off his horse and lay down, and we 
could not induce him to go further. Having discharged him, we 
resumed our way, and reached the river opposite Lawrence, a short 
time after, without encountering interruption. 

At the river bank I wanted my companion to lead the way, as 
I was not acquainted with the ford. He did not know it, either, 
and wished me to go in first ; and, as he was an older man, I 
plunged in, although I inwardly wished I could exchajige my little 
pony for his large horse. By mistake in the dark I took the 
river at the ferry crossing instead of the ford, which I learned 
after was a hundred yards above. As I went in it got deeper and 
deeper, and still through the darkness I could see the broad river 
before me. The current is very strong, and the bottom a quick- 
sand ; when I had got half way over, it became so deep that it 
was up to my saddle : and then the strength of the current and 
the false bottom carried us down, and immediately I was in deep 
water. My pony could scarcely swim, and tumbled over and 
floundered with me at a dreadful rate. I dismounted, and at- 
tempted to swim the rest of the way across, but a heavy overcoat 
and a load of other clothes, together with a couple of pistols, and 
«uch miscellaneous matter, proved too much for me. I found I 



202 THE CONQUEST OF KANSAS. 

could not struggle against the current, — that I .could scarcely 
sustain myself, — and for a few moments sincerely thought The 
Tribune would require another Kansas correspondent. Making 
a great effort, I swam to my horse again, and, grasping the pom- 
mel of the saddle, spoke to him, and guided him. He was com- 
pletely bewildered. We kept going round and round, and for a 
few moments I almost felt like " giving up the ship." But no ! 
To escape scathless from the border ruffians, and die in the muddy 
waters of the Kansas, would never do. I made another effort 
with my pony. Finding it impossible to get him over, I guided 
him to the shore we had started from, where Pomero}^, who had 
not come in so far, still remained. Half dead with fatigue, I 
clambered up the bank. We had to halloo nearly an hour before 
we could get the ferryman, and would have relinquished all efforts 
to get over, but I was freezing. The slumbering Charon was 
at length aroused, and with the gray of a chilly December morn- 
ing we entered the beleaguered city of Lawrence. 



CHAPTEE XV. 

WAKAEUSA WAR — DEATH OF EAUBER. 

During the last week of the siege Lawrence was a stlrnng 
sight. Besides the citizens of the town there were nearly five 
hundred men under arms from different parts of the territory. 
The Free-State Hotel, still unfinished, but sufficiently comfortable 
to inhabit, was the head-quarters. Two chambers in the third 
story, in the south-east corner of the building, were the council- 
room and the general's quarters. Many of the companies had 
their quarters in the hotel. Below, the dining-hall was used as a 
general place of reception for the soldiers. Two sentinels guarded 
the door, to let none in but those who had business or had the 
password. 

But the soldiers were not confined to the hotel. Every house 
in town was converted into a barrack for the time being, and the 
expense incurred not only in the public but the private barracks, 
and, indeed, the whole expense of this siege, forms a fearful-look- 
ing sum of money (on paper), and conveys an impressive moral 
about the cost of war. 

Three large circular earth-works, a hundred feet in diameter, 
were thrown up so as to defend the place from an attack made on 
the north-west, south, and south-east. These defences were not 
commenced until the last week of the siege, when the size of the 
force to be brought against them, and the fact of the enemy being 
all well mounted, led to a defence suited to the kind of attack 
expected. It was a stirring sight to see the men working in the 
trenches, and even at night they could be found plying the spade 
and mattock, officers guiding the progress of the work, and hold- 
ing lanterns. 



204 THE CONQUEST OF KANSAS. 

In the afternoon of each day there was a drill-parade. The 
band would commence playing martial music in the street, and the 
star-spangled banner might be seen waving over Fort Smith, at 
the foot of Massachusetts-street. The star-spangled banner also 
flew from the Free-State Hotel and several other buildings. Then 
the volunteer troops were mustered on parade, while Col. Lane, 
now Brigadier-General Lane, walked beside the companies, in an 
easy, swinging military gait, and gave the orders in his sharp, 
shrill voice when on the parade-ground. On such occasions, after 
parade and drill, Lane would sometimes make a speech ; and if 
General Robinson and staff went out to the parade, he was invari- 
ably called upon, and sometimes spoke. On such occasions Lane 
was fiery, and his remarks calculated to rouse up the men to the 
fighting point. Robinson, on the other hand, restrained them. 
He urged them to avoid making any attack, and, when they might 
be sent with patrol or scouting party, not to be intimidated or 
induced into a skirmish. To "suffer and be strong" was his 
motto. 

If Lawrence was a scene of interest through the day, it was not 
less so at night. So closely was the town guarded that all egress 
or ingress was precluded. A horse patrol of a dozen mounted men 
would go round the outer line of posts once or twice in the night, 
and would proceed to the point where the Lawrence road forked 
from the California, about half way to Franklin. This was a 
disputed point, and the general impression was that a skirmish 
between the enemy's patrol and ours would occur. Horse patrols 
from the camp on the Wakarusa would come up every night to 
that point, and rem:;in there for some time, as if to hold it. One 
night, when the free-state patrol approached the forks of the road, 
where they were ordered to go, they saw the enemy's patrol, about 
twenty strong, halted close to the forks of the road. One or two 
officers of the general's staff had volunteered that night with the 
patrol, Adjutant-General Dietzler having the command. As we 
approached, the leader of the enemy's company shouted, 

" Halt ! — Who goes there ? — G ive the countersign." 

" D n you, we 've no countersign for you ! We 're the 

Lawrence guard," said Dietzler. 



THE WAKARUSA WAR. 205 

"The Lawrence guard will please file to the left," said the bor- 
der ruffian chief, and his own command drew off the road, but 
remained close to it on one side, while we defiled past them. The 
two companies thus passed each other, there being- little more than 
the road between them. It was an interestino- moment, each 
party watching the other closely, so that, if fighting was to bo 
done, one party would not get the advantage of the other. Gen. 
iiobinson's orders, however, were to avoid a collision, and in no 
case to fire till the last extremity, and whatever the orders of the 
border ruffians were, they seemed to have no particular wish to 
commence. Many an oath was uttered by those in the patrol, 
who swore, as they rode back, at the non-resistant orders. It 
would have made a very pretty skirmish, for though their party 
had the advantage in numbers, ours had in arms, and in the fact 
of their being picked men. 

Similar incidents happened frequently. Besides that, the enemy 
made it a point to send out small parties of well-mounted horse- 
men, who would gallop up to within one or two hundred yards of 
our foot sentries, and fire on them. This was done every night 
for a week, and sometimes at half a dozen different points in one 
night. The only wonder is that they did not shoot somebody ; 
but bullets in the dark are uncertain things. One sentry had a 
bullet put through his hat, which would have finished him had he 
been an inch or two inches taller; another man, who had ridden 
out to see one of the guards, had his horse shot ; but he had no 
business there. The guards had orders not to return fire on any 
such irregular shoothig, and in no case to use arms but when an 
attack was made with evident intention to take or kill the sentries. 

Gen. Robinson was of opinion that this conduct was designed to 
precipitate the quarrel, and give the enemy an excuse to attack the 
place, and that if our men were to fire it would be construed into 
an attack on peaceable travellers. Still it was a trying thing 
to stand guard, and have even random shots fired, without having 
the satisfaction of firing back on the rascals. The conduct, vigil- 
ance, and coolness of those men who stood guard round Law- 
rence during the siege, is worthy of all praise. 

The guard one night came across Sheriff Jones, and, in spite of 
18 



206 THE CONQUEST OF KANSAS. 

the indignation of that worthy, kept him prisoner until the officer 
of the guard was called, and the case reported, when the bogus 
sheriff was permitted to go without further molestation. Several 
of the Missourians, while skulking about our lines at night, were 
taken and lodged in the guard-house till morning. One spy, who 
had contrived to make his way to one of the rifle-pits before he 
was taken, was brought in. Next morning General Lane went to 
him, and took him with him and showed him the rifle-pits, forts, 
and other earth-works ; took him in, and showed him a twelve- 
pounder (brass howitzer), the only piece we had, although Lane 
showed it with an air as if there had been fifty more. He showed 
him the quarters of two of the regiments, and then, taking the 
frightened border ruffian out, gave him in charge of an officer, 
with directions that he be seen safe through the lines. General 
Lane bidding him adieu thus : 

*' Go back now, sir, and report yourself, and tell what jou have 
seen." 

Of course, the town was under martial law to some extent; but 
in day-time people came in and went out freely. Sheriff Jones came 
in several times, evidently to spy, as he neither spoke of nor tried 
to make arrests. Several of the captains fi-om the camp below 
would drive in, and, on several occasions, remained in Lawrence 
all night, and left without being interfered with. Two gentle- 
men from Independence, Missouri, attended a meeting in Law- 
rence, and heard a speech from the Yermonter who brought up 
my despatches, and several other speeches, and not only reported 
the proceedings in their camp, but published them in one of the 
papers at Lexington. It was certainly unfortunate that this free 
access to the town by the enemy was unavoidable ; but it was con- 
sidered as improper for Lawrence to assume the right to take and 
hold prisoners, as this would at once have precipitated the crisis. 

On the Gth of December the influential men of the Delaware 
and Shawnee nations came to General Robinson, and volunteered 
the services of the warriors of their respective tribes to aid in 
repelling the invaders. General Kobinson treated these chiefs 
with great respect and attention ; thanking them for their offer, 
and telliu'' them ho would avail himself of it as soon as the ridit 



THE WAKARUSA WAR. 207 

time came. He did not want a force of several hundred armed 
Indians in town, until he saw that war was unavoidable, as this 
would have been an apology for hostilities. 

It was during that last week of the siege that the twelve-pound 
howitzer was brought in. It was known to be boxed up in Kansas 
city, where it had been for some time. Two men named Buffum 
and a young Yankee, whose name I have forgotten, started down 
after it with a train. It was known that we could not send a force 
strong enough to go to Kansas city and take it, and so it was 
resolved to have it smuggled through hj stratagem. When the 
men, who had gone to Kansas city after it, got there, they found 
the commission merchant to whom it had been consigned cross 
and unaccommodating, which conduct was the more contemptible 
as he had had a lucrative business with the free-state settlers. 
They inquired for certain boxes, described by them. The merchant 
refused to deliver them up without a written order from the man 
in Lawrence to whom they were consigned. This was an unusual 
thing, and had neither been foreseen nor provided for ; but one of 
the party said they had an order, but he had forgotten it, in his 
overcoat, up at the hotel. Up to the hotel he went accordingly, and 
forged one, knowing that the proper parties would sustain him in 
doing so in the emergency. Still the old fellow was captious 
and wanted to know what was in the boxes, when Mr. E. Bufifum, 
or Bob Buffum, took an axe and knocked a hole in one of the 
boxes, having told the merchant that he believed it was a carriage. 
Part of one of the wheels being then exposed to view, the old 
fellow was at last satisfied, although he must have been very ver- 
dant to mistake the small thick wheel of a howitzer for a carriage, 
wheel. The party crossed the Kaw river at the Wyandot, intend- 
ing to go through the Delaware reserve. They professed to be 
going to Leavenworth with *' store goods." The bluff of the 
Wyandot village is very steep, and as the gun, together with 
several cases of canister, grape, shell, and round shot, was very 
heavy, they were " stuck." In this situation they were met by a 
company of the border ruffians, who stopped to question them. 
They told these they were going to Leavenworth, which, for the 
direction they were taking, was more likely than that they were 



208 THE CONQUEST OF KANSAS. 

going to Lawrence. Bob Buffum feigned to be tipsy, and, his 
being half so, in point of fact, helped him to sustain the character. 
His buflfoonery was very well received by the ruffians, who were 
at length persuaded to dismount, and put their shoulders to the 
wagon- wheel, and thus extract the artillery of their enemy. By 
rapid driving they got over the reserve, until they reached the 
enemy's lines, a few miles from Lawrence. Scouts having brought 
intelligence of their approach, a patrol of twenty well armed and 
mounted men went out and brought the gun safely through the 
enemy's lines to Lawrence. The cavalcade was received with 
great enthusiasm. 

It v/as about the same time that two of the ladies of Lawrence 
performed an equally bold and successful feat. It was feared 
that the supply of powder and other ammunition would run short 
in case of much fighting ; and, as there was a lot of powder, caps 
for Sharpe's rifles, and other ammunition, over at the house of a 
free-state man near the Santa Fe road, two ladies volunteered to 
go through the lines and bring it in. This they did successfully. 
They got out of town without molestation. Arriving at the place 
where the ammunition was, they stowed away the greater part of 
two kegs of gunpowder, a lot of caps for Sharpe's rifles, and lead, 
in those mysterious conveniences, so amply provided for by the 
dress of a lady in modern times, and succeeded in conveying it 
into Lawrence. They were stopped by a patrol of the border ruffi- 
ans; but the ruffians, to do them justice, are a gallant set — very. 
They were so very reserved a^ to keep several rods off, for ieav of 
frightening the ladies, and thus the " latest fashions passed 
inspection," eliciting nothing further than the profound admira- 
tion of which the ruffians are capable. 

The camp on the Wakarusa had many fearful visions of the 
" terrible explosions " in Lawrence. Little did they think that 
we had bombshells manufactured in so fine a model. 

The two ladies, who so successfully engaged in this really 
intrepid affair, were Mrs. Wood, wife of Mr. S. N. Wood, formerly 
of Ohio, and Mrs. Brown, wife of the editor of the Herald of 
Freedom, formerly of Pennsylvania. Besides these, others, 
indeed nearly all of the ladies of Lawrence were engaged in 



THE WAKAEUSA WAR. 209 

making cartridges, and it is even reported that there was a secret 
company of these women enrolled, under lady officers, ready to 
defend their houses, if neceiisary ; but this was purely an affair of 
their own. 

Governor Shannon, having had complaints made to him relative 
to the armed force, and the fraudulent representations made to 
him in regard to the difficulties, and having (which was the true 
secret of his awakening reflection) found that the men now threat- 
ening Lawrence set his authority at defiance, even after he had 
enrolled them and leo;alizcd their outrasreous conduct, sent a des- 
patch to Jones, requesting that the posse be kept from doing any- 
thing till he got up, and also that he would send him the names, 
and a copy of the papers he had got for making the arrests he 
proposed. It was rather late in the day for such a movement, 
and the following was Jones' answer : 

" Camp op Wakarusa, Dec. 4th, 1855. 
"His Excellexcy Governor Wilson Shannon — 

" Sir : In reply to 3^our communication of yesterday, I have to 
inform you that the volunteer forces, now at this place and at 
Jjecompton, are getting weary of inaction. They will, I pre- 
sume, remain idle but a very short time longer, unless a demand 
for the prisoners is made. I think I shall have a sufficient force 
to protect me by to-morrow morning. The force at Lawrence is 
not half so strong as reported. I have this from a reliable source. 
If I am to wait for the government troops, more than two thirds 
of the men here will go away very much dissatisfied. They are 
leaving hourly as it is. I do not, by any means, wish to violate 
your orders, but I really believe that, if I have sufficient force, it 
would be better to make the demand. 

"It is reported that the people of Lawrence have run off these 
offenders from that town, and, indeed, it is said that they are 
now all out of the way. I have writs for sixteen persons of the 
party that rescued my prisoner ; S. N.Wood, P. K. Brooks, and 
Samuel Tappan, are of Lawrence, the balance from the country 
round. Warrants will be placed in my hands for the arrest of 
G. W. Brown, and probably others in Lecompton. They say that 
18* 



210 THE CONQUEST OE KANSAS. 

they are willing to obey the laws, but no confidence can be placed 
in any statement they may make. 

" No evidence sufficient to cause a warrant to issue has, as yet, 
been brought against any as the lawless men who fired the houses. 
" I would give you the names of the defendants, but the writs 
are in my office at Lecompton. 

" Most respectfully, yours, 

" Samuel J. Jones, 
" Sheriff of Douglas County. ^^ 

The manner in which Jones evades the request for the names 
of the persons to be arrested is characteristic. His information 
about " warrants ahout to be placed in his hands," is significant as 
to how such processes were obtained and served. 

The following letter was written about the same time by Mr. 
Anderson, a resident of Lexington, Mo., and member of the Bogus 
Legislature. He is quite a young man, and would be called 
rather a good fellow for a border ruffian. His request that the 
Governor of Kansas would protect them, in the arms they had 
stolen from a public arsenal, against the United States troops, is 
refreshing. The letter was addressed to 

" Major-Gteneral William P. Richardson — 

" Sir : I have reason to believe, from rumors in camp, that, 
before to-morrow morning, the black fiag will be hoisted, when 
nine out often will rally round it, and march without orders upon 
Lawrence. The forces of the Lecompton camp fully understand 
the plot, and will fight under the same banner. 

" If Governor Shannon will pledge himself not to allow any 
United States officers to interfere with the arms belonging to the 
United States, now in their possession, and, in case there is 
no battle, order the United States forces off at once, and retain 
the militia, provided any force is retained, all will be well, and all 
will obey to the end, and commit no depredation upon private 
property in Lawrence. 

" I fear a collision between the United States soldiers and the 
volunteers, which would be dreadful. 



THE WAKARUSA WAll. 211 

" Speedy measures sliould be taken. Let the men kiiow at 

once — to-niglit — and I fear that it will even then be too late to 
stay the rashness of our people. 

" Respectfully your obedient servant, J. C. Anderson." 

Not far from this time the most tragic occurrence of the war 
took place. 

It was about noon of the 6th of December when Mr. Thomas 
W. Barber, with his brother Kobert, and another relative, Mr. 
Pierson, left Lawrence to return home. They lived in a north- 
westerly direction from Lawrence, about seven miles off. At this 
time, while the Missourians had invested Lawrence, they found it 
difficult to keep it closely guarded to the south and west. There 
was a distance of twenty miles between the camp at Lecompton 
and Wakarusa. General Atchison had a force on the north side 
of the Kaw river, opposite Lawrence ; but, while it was guarded 
thus on three sides, the only means of preventing people from 
leaving Lawrence for the south of the territory was by horse 
patrols, which scoured the country. Up to this time the citizens 
of Lawrence had been guilty of no aggressive act ; neither had 
they resorted to violence in their defence when attacked. 

When Mr. Barber and his friends left Lawrence they went up 
the ravine that penetrates Mount Oread, and got on the California 
road. While riding up this road, and when four miles from town, 
they observed a party of horsemen, fourteen in number, riding to 
the right of the road. This party was led by Major-General 
Bichardson, and, besides others of less note, there was in that 
patrol Judge Cato, one of the federal judges appointed by the 
President for the territory, Judge Wood, a local bogus judge 
(formerly a free-state man, and physician in Lawrence, now a 
traitor and informer), Major Clarke, a government Indian agent, 
and Colonel Burns, a merchant of Westport, Mo. 

The party has since stated that they were not patrolling, but 
were merely going down from Lecompton to the camp on the 
Wakarusa. Give them the advantage of this statement, and how 
does their conduct look ? A pretended senator and officer for 
Kansas orders men to be taken prisoners, and shot on the high- 



212 THE CONQUEST 0^ KANSAS. 

way, and a judge of tlie Supreme Court, a federal officer, aids 
and abets, and stands by and sees it done, and helps to screen the 
murderers ; — a man, too, Avho had just been patching up indict- 
ments and warrants for innocent people in Lawrence, which were 
designed as the ground-work of a quarrel. But I digress. 

When Barber and his friends saw the party in question, they 
left the road and took a path to the left. This they did because 
the road was shorter, and because they desired to avoid the other 
party. Mr. Barber was totally unarmed, having not even a knife ; 
his two friends had each a pistol. 

As soon as General Richardson's party saw the others leave the 
road, two of their number, Major Clarke and Colonel Burns, were 
detailed to stop them, or bring them in prisoners, the remainder 
of the company halting. As this party was ahead of Mr. Barber 
and his friends, Clarke and Burns had merely to ride into the 
prairie to the right in order to intercept them. The Barbers, 
when they saw they v\'ere to be attacked, neither attempted to run, 
nor did they hasten their gait beyond a walk, when the others rode 
up and halted before them. ' llichardson, Cato, and the others, 
were in full sight, and within gunshot. 

The two Barbers were riding first, Thomas to the right. 
Pierson was behind them. Major Clarke gave the order to 
*' halt; " at which all of the party stopped. 

" Where are you going ? " demanded Clarke. 

*' We are going home," said Thomas Barber. 

" Where are you from ? " 

" We are from Lawrence." 

'• What is going on in Lawrence, just now ? " 

<' Well, nothing in particular." 

" Nothing in particuljjr, hey ? " said Clarke, who then added, 
" We have orders from the governor to see the laws executed in 
this territory. We arrest you." 

" What laws have we broken or disobeyed?" asked Mr. Barber. 
" Or what laws have the people of Lawrence broken ? " 

Clarke here raised his hand, and, pointing to the horsemen upon 
the California road, said : 

•' Turn your horses' heads, and go with us." 



THE WAKARUSA WAR. 213 

" We won't do it," said Barber. 

At this Clarke spurred his horse, and rode to the right of 
Thomas Barber, who partly turned his horse and looked at Clarke 
as if he scarcely knew what Clarke was going to do. The latter, 
having got in the position referred to, pulled out his revolver, and 
saying, " You won't, won't you ? " — fired. At the same instant 
Colonel Barns, who had also drawn his revolver, fired. Robert 
Barber pulled out his pistol, and fired three shots at them, but 
without hitting either of them. They rode a few yards off. Clarke 
said something to Burns, and then they started back for their 
comrades. Mr. Pierson had been unable to get his pistol out of 
the holster in time to fire. As Clarke and Burns rode off, Thomas 
Barber said to his friend, " Let us be off; " and they started at 
the gallop. 

As they rode along, Thomas Barber turned to his brother with 
a sickly smile, and, pressing his hand on his side, said : 

" That fellow shot me." 

" Where — where ike you shot ? " asked Bobert. 

" Here," said Barber, still pressing his hand upon his side. 
And he gave another sad smile. 

" It is not possible, Thomas ! " 

The wounded man shook his head and said, "It is;" then he 
dropped the reins and rode unsteadily. He would have fallen had 
not his brother caught him. At this time General Richardson's 
full party were in pursuit of them. It was a terrible ride of life 
and death ; for Robert Barber held the body of his dying brother 
until the nerves began to relax, and the brain to reel. Then the 
corpse fell, the brother holding it and clinging to it until it 
reached the ground. 

Robert Barber dismounted, and stopped both horses. He 
stooped over the body of his brother, and found him dead — 
dead ! They saw the en^my approach, and, as they could do 
nothing more for the deceased, got on their horses, and galloped 
off. The murderers came only near enough to see their work, 
and then wheeled and galloped off to Franklin. 

It was not lono; before intellio;ence of the occurrence reached 
Lawrence. The soldiers had been on parade. After parade the 



214 THE COIs^QUEST OF KANSAS. 

volunteers were addressed by Colonel Lane in an inspiring man- 
ner; and General Kobinson, being called on, made one of his 
prudent, cautious speeches, in which he urged them not to allow 
the daily outrages to drive them to commence hostilities. 

It was just then that a son of Judge Wakefield, and two or 
three others, drove rapidly into town, and announced the murder. 
At first Robinson gave orders to keep it secret, for fear the men 
would do something rash ; but before half an hour it was in 
every mouth, the public having got it before the officers. Many 
were for marching immediately on the Wakarusa and driving out 
the villains camped there. Indeed, it was with the utmost diffi- 
culty that Generals Robinson and Lane restrained them. 

A carriage was sent out for the body, which was guarded in 
by a company of horsemen. The dead body was laid in an 
apartment in the Free-State Hotel ; and deep and fervent were the 
denunciations of those who thus saw an estimable citizen stricken 
down. 

A scene of the most distressino; character occurred next morn- 
ing. The wife of the murdered man came in. She had not heard 
of her bereavement till then, and the agony she evidently felt 
was heart-rending. 

The following is the account given by the pro-slavery men of 
the same transaction. They had seen Barber's party when they 
turned aside from the road. They state that their party were 
merely on their way from Lecompton to Franklin : 

" Colonel Burns and Major Clarke were detailed and rode to 
overtake the free-state men. This they did ; and, after halting 
them, a conversation ensued, in which the free-state men not only 
declared that there was no law nor order in the territory, but de- 
clined to surrender themselves in compliance with the demands of 
Clarke and his companions. Upon this both parties commenced 
drawing their arms, with the exception of one of the free-state 
men (who was most probably the man killed) ; this person sat on 
his horse a little apart from his companions. He had a switch in 
his hand, but drew no arms, nor did he appear to have any 
Both parties ' squared to each other,' and fired pistols, being the 
only weapons used. On the part of the pro-slavery men, Clarke 



THE WAKAEUSA WAR. 215 

was armed with a small five-incli Colt's revolver, while Colonel 
Burns had a navy revolver, which is heavier, and carries a much 
larger ball. After exchanging shots, the free-state men galloped 
off. Burns proposed to send a long-shot after them with his rifle ; 
but Clarke objected, saying, 'Let them go.' Burns is said to 
have admitted that he thought he hit the man he fired at, as he 
saw him press his hand to his side, or, as others state it, ' sav/ the 
fur fly from his old coat.' " 



CHAPTER XVI. 

THE "peace-makers." 

Two gentlemen, Messrs. Lowrj and Babcock, members of the 
Committee of Safety, were despatched on the fifth to the Shawnee 
Mission, to see the governor. At Franklin they were stopped by 
a party of the invaders, who demanded the countersign. Mr. 
Lowry handed them a bottle of whiskey, which, lie said, " was 
all the comitersign he had got." After the ruffians had drank 
they allowed them to pass, declaring they were "iBound on the 
goose." They had further detention below ; but succeeded, by 
the intervention of the officers, in getting down to the executive 
office. The governor wrote a long and ambiguous epistle, in which 
he talked a good deal about " enforcing the law," without speci- 
fying what law, against whom it was to be enforced, or who was 
to enforce it. He, however, promised to come up next day and 
try to have the matter settled peaceably, if possible. 

On the sixth the governor got to Franklin. There he found 
that his " militia " and Jones' " posse " were altogether unman- 
ageable, and threatening blood and murder generally. He found 
that they were stealing from everybody, only giving orders on 
him to the Indians and pro-slavery residents. Terrified at the 
startling aspect of affairs, and alive to the punishment that might 
be meted to his official follies and crimes, he sent a despatch to 
Smnner. Before he had left the Shawnee Mission he had written 
to Sumner, informing him that he had received despatches from 
the President, authorizing him to use the troops, and that instruc- 
tions to that effect would be sent from the war department. 
Meanwhile he had urged Colonel Sumner to meet him with his 
regiment at the Delaware crossing of the Kaw. 



THE *' PEACE-MAKERS." 217 

In reply, Colonel Sumner wrote as follows : 

-^ " Head Quarters, First Cavalry, > 

December 5th, 1855. 5 
. " GoTERNOR : I have just received 3'our letter of yesterday, 
with the telegraphic despatch of the President. I will march 
with my regiment in a few hours, and will meet you at the 
Delaware crossing of the Kansas this evening. 

" With high respect, your ob't servant, 
"E. Y. Sumner, 

<' Col. First Cavalry:' 

The colonel, however, after sober second thought, sent this 
other despatch a few hours later than the first : 



Head Quarters, First Cavalry, Fort Leavenworth, 
December 5ih, 1855. Afternoon. 



] 

" Governor : On more mature reflection, I think it will not be 
proper for me to move before I receive the orders of the govern- 
ment. I shall be all ready whenever I get them. This decision 
will not delay our reaching the scene of difficulties ; for I can 
move from this place to Lawrence as quickly (or nearly so) as I 
could from the Delaware crossing ; and we could not, of course, 
go beyond that place without definite orders. 

" With high respect, your ob't servant, 
" E. V. Sumner, 

" Col. First Cavalry." 

Thus it stood when the governor got up to the camp on the 
Wakarusa, when, as I have said, terrified at the aspect of affairs, 
and in hopes of restoring his waning authority with the force he 
had thus been instrumental in bringing into the field, he sent off 
the following : 

" Wakarusa, December Gth, 1855. 
" Col. Sumner, First Cavalry, U. S. A. — 

" Sir : I send you this special despatch to ask you to come to 

Lawrence as soon as you possibly can. My object is to secure 

the citizens of that place, as well as all others, from a warfare 

which, if once commenced, there is no saying where it will end. 

19 



218 THE CONQUEST OF KANSAS. 

I doubt not that you have received orders from Washington ; but 
if you have not, the absolute pressure of this crisis is such as to 
justify you, with the President and the world, in moving with your 
force to the scene of difficulties. 

"It is hard to restrain the men here (they are beyond my 
power, or at least soon will be) from making an attack on Law- 
rence, which, if once made, there is no telling where it may ter- 
minate. The presence of a portion of the United States troops at 
Lawrence would prevent an attack, save bloodshed, and enable us 
to get matters arranged in a satisfactory way, and, at the same 
time, secure the execution of the laws. It is peace^ not war^ that 
we want, and you have the power to secure peace. Time is pre- 
cious. Fear not but you will be sustained. 

" With great respect, 

" Wilson Shannon. 

" N. B. Be pleased to send me a despatch." 

The border ruffians, who were aware of what the governor was 
about, and who did not want the troops there, for fear they might 
interfere with their murderous intentions, laid a plot to intercept 
the governor's messenger ; but one of the chiefs, to curry fivor 
with him, betrayed it, and the bearer of the despatch was got off 
by another route. Sumner, however, still refused to move, until 
he had express orders from the department himself. He was, 
doubtless, afraid of using his command under the orders of a man 
who had shown himself so reckless and stupid as Governor Shannon. 
On Friday the governor sent up a messenger to Lawrence inform- 
ing General Ptobinson that he had arrived at Franklin, and was 
ready to come up. 

A deputation of ten men was despatched by General Robinson 
to escort the governor. That dignitary arrived With his escort, 
and three very gentlemanly-looking companions. Colonel Boone, 
of Westport, Colonel Kearney, of Independence, and Colonel 
Strickland, also a Missourian. These were fine-lookinoj South- 
erners ; but I certainly would rather have seen the governor of 
the territory come to his people in other company. Perhaps 
these were the only men who could have influence with the vio- 



THE '' PEACE-MAKERS." 219 

lent armed force below, and it might thus be fhe best policy to 
have them here during the pending of negotiations ; but if there 
was such a necessity, and I doubt it not, what an exemplification 
of the pitiful depth to which the governor had fallen ! 

They entered the Free-State Hotel, and as they went up stairs 
a little incident occurred. In the room at the head of the first 
flight of stairs the dead body of Barber was laid out, in all the 
frightful rigidity of death. The door was open, and it was almost 
impossible to go up stairs without seeing it. As the cortege went 
up, the governor alongside of General Hobinson, the eye of Shan- 
non happened to wander into that room. There was a start. I 
could see the weak, vacillating, guilty governor tremble as his 
first glance fell on that silent figure. He had heard of the occur- 
rence, but he proceeded to inquire of General Hobinson the par- 
ticulars of the case, which the general calmly told him. The next 
on the stairs were General Lane and Colonel Kearney. The 
Colonel expressed surprise, and asked the " meaning of this," 
of Lane. 

" 0," said the latter, " it is our yesterday's losses ! " 

Colonel Boone expressed surprise and regret, and begged that 
no one should mention the name of any gentleman as having been 
of the party that fired, until it could be proved. 

The conference lasted for an hour, when General Bobinson took 
the governor and his party home to dinner. The matter was then 
finally adjusted, and it was pronounced that the parties had " not 
understood each other." What a fearful misunderstanding ! 

The difficulty did not so much lie in actual difierence to adjust, 
as in putting a stop to the warlike invasion, and preventing them 
from executing thpir bloody threats. The govei-nor had got into 
a bad scrape by his folly and wickedness. He had hoped that the 
troops would enable him to retain his authority, hold the ruffians 
in check, and still crush the free-state men beneath his feet. The 
troops would not come to his aid, and the border ruffians, now that 
he had clothed them with authority, despised him, and determined 
to carry out their bloody purpose independent of his authority. 
He had no resource left but the free-state settlers, whom he had 
abused, and still desired to abuse and crush. But he was not pr€-. 



220 THE CONQUEST OF KANSAS. 

pared for the border ruffian measures, neither was he willing to 
shoulder the responsibility he was likely to incur. The free-state 
men merely desired to use the governor in the way he had been 
used by others. They wished him to authorize them to defend 
themselves, and to strip the ruffians below of their cloak of legal 
authority. Such were the motives of General Hobinson and the 
free-state leaders. The governor engaged in treaty-making, for the 
purpose of gaining time, as he still was in hopes of the arrival of 
the troops. According to his own language, he desired " that all 
parties should be placed right in the eyes of the world." With 
these sentiments the " high contracting parties " went to work, 
and a liberal supply of wines and liquors, supplied by the shrewd 
negotiators, kept the thirsty governor in temper during the pro- 
ceedings. 

Negotiations were pending on Friday and Saturday, and all of 
that time the enemy were momentarily expected. A large force 
posted themselves on the opposite river bank, in sight ; these had 
two objects in view: first, to cut off all supplies from town; and, 
second, to throw themselves in the rear of the town whenever an 
attack should be made in front. On Saturday night negotiations 
were brought to a close, and the anxious and expectant people 
clustered around the doors of the great hotel to learn the result. 

The governor, having been called on, stood at the door of the 
hotel, and addressed the people assembled in Lawrence. He had 
been speaking for a few minutes when I got there, and continued 
in substance as follows : 

" There was a part of the -people of this territory who denied 
the validity of the laws of the territorial Legislature. He was 
not there to urge that validity, but these laws should be submitted 
to until a legal tribunal had set them aside. He did not see how 
there was any other course but such submission to them, and it 
certainly was not his part, as an executive officer, to set them 
aside or disregard them. He was happy to announce that, after 
having an interview with the officers of their committee of safety, 
he had found them induced thus far to respect those laws, they 
being willing to see them enforced, provided they had the reserved 
right of testing and escaping from them legally. He was happy 



THE " PEACE-MAKERS." 221 

to announce that all difficulties were settled. (Faint cheers.) There 
was a perfect understanding between the executive and the com- 
mittee. The difficulties had arisen from misunderstanding. He 
would go down and disband the sheriff's posse. He would dismiss 
the officers of the territorial militia, Generals Richardson and 
S trick lar, but would order that their forces be not disbanded until 
they were taken to Leavenworth, or the neighborhood of Westport. 
All the difficulties were adjusted, and he was willing and anxious 
to do all in his power to prevent a collision and the shedding of 
blood. He hoped that the men now in the territory and in camp 
below would be got out of the territory without hostilities inter- 
vening. He would do all in his power to influence them. He 
^ould urge upon the people of Lawrence to be moderate, to 
pursue a wise course to avoid a collision. ' Don't be too belli- 
gerent.' (Here a jackass across the street brayed vociferously.) 
He wanted them to consult their judgment and their reason, not 
their feelings and their passions. One advantage they would now 
have if they had to fight, — the fight would now be between them 
and a mob. Of course, he could not condemn them for defending 
themselves. They were right, and he would do all in his power 
to sustain them ; but he hoped the men encamped would now be 
induced to leave, and that there would be no effusion of blood. 
He wanted it understood that he had called on no one but the peo- 
ple of the territory in his proclamations. If there were Missou- 
rians here, they were here of their own accord. 

" He hoped and believed that the people of Lawrence and vicin- 
ity were law-abiding people. Indeed, he had learned that he had 
misunderstood them, and that they were estimable and orderly 
people ; but houses, it was said, had been burned, and other out- 
rages had been charged upon the free-state men. They must 
remember this when they judge of these things. They were, per- 
haps, innocent, but he hoped they would abide a judicial tribunal. 
He hoped now to preserve order, and to get these men out of the 
territory. If he could serve the people of Kansas, as a governor 
or as a private citizen, he would always be happy to do so. (Faint 
cheers.) " 

Colonel Lane was called, and spoke briefly. " If we fight now," 
19# 



222 THE CONQUEST OF KANSAS. 

he said, " we fight a mob. Any man who would desert Lawrence, 
until the invaders below had left the territory, was a coward." 
Lane was cheered heartily, and the applause he received, as well 
as the enthusiastic cheers that greeted Greneral Robinson when 
called, was a striking commentary on the cool feeling that was 
still entertained toward the governor. General Robinson said he 
had " nothing to say ; they had taken an honorable position." 

There was an evident suspicion among the people that the nego- 
tiations had been closed too easily, and that their leaders had con- 
ceded something. 

Captain Brown got up to address the people, but a desire was 
manifested to prevent his speaking. Amidst some little disturb- 
ance, he demanded to know what the terms were. If he under- 
stood Grovernor Shannon's speech, something had been conceded, 
and he conveyed the idea that the territorial laws were to be 
observed. Those laws they denounced and spit upon, and would 
never obey — no! Here the speaker was interrupted by the 
almost universal cry, " No ! No ! Down with the bogus laws ! — 
lead us down to fight first ! " Seeing a young revolution on the 
tapis, the influential men assured the people that there had been 
no concession. They had yielded nothing. They had surrendered 
nothing to the usurping Legislature. With these assurances the 
people were satisfied and withdrew. At that time it was deter- 
mined to keep the treaty secret, but before many days it was suffi- 
ciently public. 

" ARTICLES 01? NEGOTIATION AND ADJUSTMENT. 

" Whereas, there is a misunderstanding between the people of 
Kansas, or a portion of them, and the governor thereof, arising 
out of the rescue, near Hickory Point, of a citizen under arrest, 
and some other matters; and whereas a strong apprehension 
exists that said misunderstanding may lead to civil strife and blood- 
shed ; and whereas it is desired by both Governor Shannon and 
the people of Lawrence and vicinity, to avert a calamity so disas- 
trous to the interests of the territory and the Union, and to place 
all parties in a correct position before the world : 

" Now, therefore, it is agreed by the said Governor Shannon, 



THE " PEACE-MAKERS." 223 

and the imdersigiied people of Lawrence, now assembled, that the 
matters in dispute be settled as follows, to wit : 

" We, the said citizens of said territory, protest that the said 
rescue was made without our knowledge or consent ; but, if any of 
our cifcizens were engaged, we pledge ourselves to aid in the execu- 
tion of any legal process against them ; that we have no knowledge 
of the previous, present, or prospective existence of any organiza- 
tion in said territory for the resistance of the laws, and that we 
have not desiixned, and do not desif^n, to resist the leo-al service 
of any criminal process therein, but pledge ourselves to aid in the 
execution of the laws, when called on by proper authority, in 
the town or vicinity of Lawrence, and that we will use all our 
influence in preserving order therein; and we declare that we 
are now, as we ever have been, ready at any time to ai4 the gov- 
ernor in securing a posse for the execution of such process. 
Provided, that any person thus arrested in Lawrence or vicinity, 
while ,a foreign force shall remain in the teriitory, shall be duly 
examined before a United States district judge, of siiid territory, in 
said town, and admitted to bail ; and provided further, that Gov- 
ernor Shannon agrees to use his influence to secure to the citizens 
of Kansas Territory remuneration for any damages sustained, or 
unlawful depredation, if any such have been committed by the 
sheriff's posse in Douglas County. And, further, that Governor 
Shannon states that he has not called upon persons, residents of 
any other states, to aid in the execution of the laws, and such as 
are here in this territory are here of their own clioiee ; and that he 
has not any authority or legal power to do so, nor will he exercise 
any such power, and that he will not call on any citizen of another 
state, who may be here. That we wish it understood that we do 
not herein express any opinion as to the validity of the enactments 
of the territorial Legislature. 

" Wilson Shannon, 
" (Signed,) *' C. Robinson, 

^'J. IL Lane." 

It will be at once seen that this ill-starred paper is full of incon- 
sistencies. It is liable to bo interpreted in a variety of wmjs. 



224 THE CONQUEST OF KANSAS. 

Each party flattered itself that it had duped the other. In the 
first place, the parties had no right to treat at all, unless 
Shannon had concluded to go to war with his people merely to 
compel them to say they would obey certain laws. Laws are only 
to be enforced against those whom the proper authorities decide 
have broken them ; and in the United States people can say what 
they please about the laws, or about what respect they will give 
them. They are only amenable to the law when they break it by 
an overt act, and then, only to the extent of the punishment affixed, 
under the process prescribed, and by the proper officers. 

The people of Lawrence " protested that the said rescue was 
made without their knowledge or consent;" but they had no inten- 
tion of saying that they disapproved of it, or conceded that, under 
similar circumstances, they would have no right to do so. The 
other party understood them to do this. When the people of 
Lawrence pledged themselves to " aid in the execution of any 
legal process," they did not intend to include any of the bogus 
authority as legal authority ; — their opponents thought they did ; 
although Shannon was well aware that such was the construction 
placed upon it by those with whom he treated, the matter having 
been discussed. The parties should have taken issue for or against 
the bogus laws, and fought about it ; but for Shannon to bring up 
an army to fight on such an issue would have been intensely ridic- 
ulous ; and the free-state party had too much sense to go to fight- 
ing about an abstraction, especially with those who had no right 
to catechize them on it. It was the governor's business, when he 
found the true state of the case, and when he found he had no 
legal pretext for fighting Lawrence, to disband the army he had 
concentrated against it, and send them home ; but the governor 
ought to have known all about this before he engaged in the 
affair, and above all he could not disband them. Being willing 
to do nearly fair with the free-state settlers, in the strait to which 
he was reduced, they, on the other hand, were willing to get him 
out of the scrape as easily as they could. The treaty was merely 
got up to cover a retreat, and Shannon knew it. 

The statement made by Shannon, that he "had not called on 
any resident of another state to aid in the execution of the laws," 



THE 



'^ PEACE-MAKERS." 225 



is manifestly false, in the face of his non-admissions as to enrolling 
them as militia. Relative to this attack on Lawrence, the com- 
mittee of Congress, with the evidence befoi-e them, report : 

"Among the many acts of lav/less violence which it has been 
the duty of your committee to investigate, this invasion of Law- 
rence is the most defenceless. A comparison of the facts proven, 
with the official statements of the officers of the government, will 
show how groundless were the pretests which gave rise to it. A 
community, in which no crime had been committed by any of its 
members, against none of whom had a warrant been issued or a 
complaint made, who had resist/3d no process in the hands of a 
real or pretended officer, v/as threatened with destruction in the 
name of ' law and order,' and that, too, by men who marched 
from a neighboring state with arms obtained by force, and who, 
in every stage of their progress, violated many laws, and among 
others the Constitution of the United States." 

Lnmediately after he had spoken the governor drove down to 
Franklin, whither Generals Robinson and Lane accompanied him. 
They had there to meet a deputation of thirteen captains from the 
Blissouri camp, and the farce of negotiation had again to be gone 
through. Here there was even less prospect of unanimity ; and 
after a stormy time, in which they were likely to effect nothing. 
Shannon declared that there was no cause of attack on Lawrence, 
and he ordered the militia to disband. The following order to 
Richardson is a fac-similc of those to Strickland and Jones : 

" Camp Wakarusa, Dec. Sth, 1855. 
« Sir: Being fully satisfied that there will be no further resist- 
ance to the laws of the teriitory, or to the service of any legal 
process in the County of Douglas, you are hereby ordered to cross 
the Kansas river, to the north side, as near Lccompton as you 
may find it practicable, with your command, and disband the samo 
at such time and place, and in such numbers, as you may deem 
most convenient. " Yours with great respect, 

" Wilson Shannon. 
• " Major-Gen. Richardson." 

Not to negotiation alone was the country indebted for peace. 
Many were really terrified at the idea of attacking Lawrence 



226 THE CONQUEST OF KANSAS. 

when they supposed the people there were going to fight, and had 
slipped on, glad to get home. Thea the supply of whiskey was 
exhausted; and on that eventful Saturday night the elements 
warred with peculiar bitterness against the border ruffians in 
camp. Night set in ; it was as dark as Erebus. The wind had 
blown from the south all da}', and threatened rain ; at dusk it 
wheeled to the north, and came down with icy keenness, and driv- 
ing a snowy sleet. It was a fearful night. The wind blew almost 
a hurricane, as it knows how to blow in Kansas. I had passed 
through the inner line of guards, and had given the countersign 
" Pitch in," which had been issued by the gallant Adjutant-Gen- 
eral Dietzler in the temporary absence of Gen. Robinson. I passed 
through the outer line of guards, having given the word, and occa- 
sionally saw patrols of horsemen going here and there like shades 
in the gloom, or shivering at their post in that bitter and inclem- 
ent night. So wildly swept the wind and the driving sleet that I 
had often to stop while I held my hat with both hands, and swayed 
in the blast. Away over the plain the lights of Lawrence were 
twinkling in the gloom, from windows, or the lanterns of the citi- 
zen soldiery who watched the earth-works during that inclement 
night, lest they might fall into the hands of the enemy. 

But Lawrence was a tame sight, that night, compared with 
the Missouri camp on the Wakarusa. In the bitter cold the 
adventurers stood around their camp-fires, or tried to nestle under 
the wagon-covers that flapped in, or were overthrown b}", the 
furious wind. Logs were piled high on the camp-fires, and^ the 
wild gale swept the flames and sparks up through the gnarled 
limbs of the old oaks and walnuts in the Wakarusa bottom. Shots 
were being fired in all directions, and incessantly in the camp, — the 
wild noise being suited to the taste of those border crusaders, and 
being partly intended at that time, I suspect, as a sort of intimi- 
dation to the *' Yankees," as some fears were entertained that the 
free-state men would attack their camp, now that they were 
stripped of all legal authority. 

Cold and more bitter grew the night, and the wind was so high 
that many of the fires had to be put out, as the furious flames 
were blown about so as to endanger all of those near them. No 



I 



TUE "peace-makers." 227 

guard was kept by these men, that night ; or, at least, I saw none. 
Every man appeared to shrink, chilly and helpless, from the 
pitiless storm. In the early part of the night there had been 
speechifying. Some wanted to go up to Lawrence, and were bent 
on going. Others, — and amongst them ex-Senator Atchison, — 
urged that no attack should now be made, as they were stripped 
of their authority. But, had that been a mild and pleasant sum- 
mer's night, there would have been an attack, and as likely a 
severe defeat of the border ruffians. As it was, a night of suffer- 
ing brought a morning of repentance ; or, rather, it froze out the 
little hostile spirit. In the morning, too, many left, and the 
remainder, thus weakened and dispirited, began to fear an attack 
in turn. On Sunday there was a pretty general scattering. A 
few parties remained until Tuesday, bent on mischief; but, finding 
themselves too weak to do anything, reluctantly went home, curs- 
ino; Shannon and the " cunnino; abolitionists." Strinorfellow, in 
the camp at Lecompton, made a speech, in which he said, " Shan- 
non has played us false ; the Yankees have tricked us ; the 
Governor of Kansas has disgraced himself and the whole pro- 
slavery party." 

On Sunday Governor Shannon, with Jones and Stricklar, came 
into Lawrence. The governor was all kindness and attention to 
the citizens. He was introduced to many of the ladies of Law- 
rence, and expressed himself much at home. He talked of com- 
ing to live at Lawrence, and at that time it looked a little as if he 
would not be safe anywhere else. Gen. Robinson offered him 
chambers, and both he and Lane offered to protect him. 

In consideration of the troubled state of the territory, the gov- 
ernor commissioned Generals Robinson and Lane to defend the 
territory. The following authority, addressed on the outside to 
" Generals Chas. Robinson and J. H. Lane," was the important 
document : 

" To Chakles Robinson and J. H. Lane : 

" You are hereby authorized and directed to take such meas- 
ures, and use the enrolled force under your command in such 
manner, for the preservation of the peace and protection of the 



228 TUE CONQUEST OF KANSAS. 

persons and property of the people of Lawrence and vicinity, as in 
your judgment shall best secure that end. 

" (Signed), Wilson Shannon. 

"Lawrence, Dec. 9, 1855." 

So far from this having been obtained by fraudulent representa- 
tions, it agreed with the assurances he had given, of the people's 
right to defend themselves, both on Friday and Saturday. More 
than that, when asked, he promised to review the free-state troops, 
and would have done so that day ; but, as it was Sunday, the 
thing would not hafe looked well in Lawrence. 

On that eventful Sunday, if governors ever get drunk, his 
supreme highness, Wilson the First, got superlatively tipsy. Even 
Jones had been imbibing rather freely; but Jones had sense 
enough to hold his tongue under such circumstances, which is 
more than can be said for the governor. 

After as jolly a Sunday as ever was spent in Lawrence, the 
governor left the free-state head-quarters, and wound his devious 
way across the street to the Cincinnati Hotel, in company with 
Jones and an escort of honor. The governor was conversing on 
the merits of " Grovernor Shannon." 

"Now, ge — -entlemen, you — hie — you don't understand me. 
You all abuse me, but — hie — but it's be — because you don't 
know me. Get to know me right — hie — well, and you'll — hie 
— you '11 find I 'm a — hie — I 'm a h-11 of a fellow ! " 

And thus terminated the Wakarusa war. 



CHAPTER XVII. 

MOBBING THE BALLOT-BOXES. ^.., 

If there were time, a very interesting chapter could be writ- 
ten about the arrest and detention of a number of those who 
fell into the hands of the border ruffians during the Wakarusa 
war. It is quite romantic to read about prisoners of war, and 
interesting, should any of these unfortunates have a faculty for 
imitating Baron Trenck by making their escape. The ruffians 
made quite a haul of prisoners. They got as many as they wanted, 
and rather more than they were able to take care of. Besides a 
promiscuous picking up of travellers, they succeeded in capturing 
several small parties of three or four, or half a dozen, who were 
hastening to the rescue of the besieo;ed. But a small number vol- 
unteered to come from Leavenworth city, and those were nearly 
all taken. Mr. Parrot was taken with a companion and his car- 
riage, and compelled to ride across the Kaw at a deep ford, where 
he got wet, and in this condition he spent that fearful night of 
the 8th of December. Mr. Pomeroy, while attempting to pass 
through the Delaware reserve, was taken. He attempted to 
palm himself off as a Baptist preacher ; but the ruffians, believing 
that he had not yet been " dipped," led him through the same 
Kaw river to their camp on the Wakarusa, where they kept him 
till peace was declared. While there, it is probable that the inter- 
position of some of the officers alone saved him. One Dutch 
squatter was taken prisoner because he was unable to show these 
gentry a ford at the Kaw river, and was detained as a prisoner, 
as an " abolitionist," althouo;h he assured them there was no 
"abolitionist" in the county he came from. Several of the 
Topcka men were taken. A few of these unfortunates had 
20 



230 THE CONQUEST OF KANSAS. 

a lot of the newly-printed state constitutions, and the posses- 
sion of such incendiary documents was very near having a bad 
effect on their physical constitutions. One gentleman, with a rope 
round his neck, made a compromise speech, in which he assured 
them that he was a " conservative free-state man ;" whereupon they 
spared his life, as " conservative " free-state men are not danger- 
ous. Dr. Cutler and Mr. Warren were arrested, in the neighbor- 
hood of Atchison, by a mob from Weston, Mo. After going through 
the farce of a trial for "high treason" before a bogus justice of 
th^eace, they were taken sixty miles to the camp of Lecompton. 
There they suflfered from abuse and the inclement weather, the 
doctor being sick. They were cooped up in a little crib of a log 
cabin, nearly all the conveniences of which were monopolized by 
Sheriff Jones and another border ruffian, who were playing poker. 
One night Jones lost twenty dollars in this way, and amused 
himself and vented his spleen on little Warren, by asking him 
to inform them all about the state-affairs in Lawrence, and add- 
ing, when Warren declined, that he must " tell or swing." Some 
of the prisoners at Lecompton camp were compelled to cook for the 
ruffians, and do other menial services, but escaped this duty very 
adroitly by hinting something about poison. Two other unfortunate 
youths, on the stormy night of the eighth, were compelled to hold 
up a blanket in the camp, so as to shelter a lot of the rowdies whom 
the war of the elements had not deterred from playing " euchre." 
These fellows played upon a stone close to one of the fires. As the 
fingers of the free-state men began to freeze, or as they relaxed 
from fatigue, away would go the blanket, and, whisk, off went 
the cards before the wind, followed by a torrent of oaths. 

" G — d d n your abolition souls to h — 11 ! Hold up that 

blanket ! " 

When peace was declared the prisoners were released ; the pro- 
slavery men in camp having as much as they could do to take care 
of themselves. On Sunday morning (the 9th) many Missourians 
hurried up to Lawrence, shivering and half-frozen, in search of 
liquors. They expressed themselves anxious to drink to the 
"union of the free-state and pro-slavery parties," and as they rode 
up, with blue nose and chattering teeth, looked as if they w( re 
fully f>ensible there was " a North." 



MOBBING THE BALLOT-BOXES. 231 

Those who think that this affair caused needless alarm, and did 
not and could not amount to anything, had better think again, for 
they are wrong. Near two thousand men were drawn up in battle 
array against each other, inspired with mutual animosity. One 
spark would have touched this mass of combustible into flame, 
and, once kindled, when would it have been extinguished or burnt 
out? Great praise is due Clen. Kobinson, and also the other mem- 
bers of the Committee of Safety, for thejr great prudence and wis- 
dom. 

And, yet, the exemption from the horrors of civil war was pur- 
chased at a price. Those who consider that diplomacy must be 
above evasion will regard the treaty as a mutual concession to 
mutual fears. The treaty was a mere piece of moonshine to save 
the governor, but under that moonshine was apparent concession. 
The acts of the false Legislature are still like the " stumbling- 
blocks which caused Israel to sin." 

Lawrence was now a fortified city. Four large earth-works 
or forts, and several lines of ditches and intrenchments, attest the 
industry of the besieged, and will remain for some time a memo- 
rial of these transactions, or may haply be required for a similar 
occurrence. Dow lies in his narrow bed, — the hope of bringing his 
murderers to punishment almost lost in the occurrence of other 
transactions. Barber, a martyr to the cause of freedom, is also 
mouldering beneath the sod. Business of every kind has been sus- 
pended in the territory. The settler, who had his house to close 
from the storms of winter, or his farm to open, and the merchant 
and man of business, were alike paralyzed by the danger that 
threatened, and the effort to defend themselves from invasion. 
The expense in sustaining the people in the vicinity of Lawrence, 
though considerable, is only a tithe of the loss. The burning of 
houses and hay-stacks, the stealing and killing of cattle, and 
abstraction of convenient and desirable articles, are mere trifles, 
and only exhibit an honest desire on the part of the besiegers 
to take something if they could not take Lawrence. 

The pro-slavery invaders also lost something. They hazarded, 
if not lost, their reputation for courage ; — reputation for any- 
thing else, I believe, they never had. They carried back three 
dead bodies with them. One of these was shut by one of their 



232 THE CONQUEST OF KANSAS. 

own guard, wlio mistook him in the dark for a free-soil spy ; 
another was killed in a drunken row among themselves, and the 
third shot himself by accident while playing with his gun. The 
wounded man shot himself through the foot in the same blunder- 
in-^ way ; and if to these I add the man shot and wounded by 
Gen. Clark, we have a large if not " respectable " chapter of acci- 
dents. 

On Monday night after the treaty there was a peace-banquet 
in the Free-State Hotel. It was largely attended, — so largely 
that it was a perfect jam. It was a commingling of pleasure and 
politics; soldiers, weary and begrimmed, from the trenches or 
the piquet guard ; officers who wanted to coin their brilliant ser- 
vices into the largest amount of future popularity ; ladies, danc- 
ins:, and flirtation. 

On the next day the volunteers were disbanded. Each soldier got 
a discharge, showing that he had served " gallantly and faithful Ij' " 
so many days, etc. These documents the happy recipients felt 
confident would entitle them to pay (as soon as any one could be 
found willing to pay) and to a quarter-section of land; and, cer- 
tainly, many a volunteer has got his quarter-section for less. 

On the 15th of December the state constitution, framed at To- 
peka, was to be submitted to the people. Circulars, giving notice 
of the election, had been posted up throughout the territory. 
Copies of the constitution had been freely circulated. All had 
been invited to vote for or asrainst the constitution. It had been 
the design to have speakers sent to every piirt of Kansas Territory, 
to arouse the people to a sense of the importance of voting at this 
election, but, owing to the Wakarusa war, this had been impossible. 
That war was one cause of the light vote polled. People had 
been away from their farms to the war, and when they hurried 
back, in the cold, rainy and wintry weather that set in, every man 
was struggling, if possible, to g-et his house closed tight enough to 
exclude the storm. The importance of voting on the constitution 
was not realized by many. But the chief cause of the vote being 
cut short was violence. In Atchison the circulars calling the 
election were torn down, the men who brought them driven vio- 
lently from the town, and the election not permitted.- At Kicknpoo 



MOBBING TUE BALLOT-BOXES. 



233 



the houses of two men, appointed judges of election, were burned 
down, and although the polls were opened by the judges at a place 
close to the town, but few knew of it, and the vote was consequently 
liorht. At all the towns on the Missouri river, near which there 
are many large settlements polling a heavy free-state vote, there 



Abstract of the Election on the Adoption of the State Constitutinnf Dec. 15, 1855. 



Precincts. 



1 LawrencCj 

Blanton, • . . . . 

Palmyra, 

Franklin 

2 Bloomington, . . . 
East Douglas, . . . 

3 Topcka, 

Washington, . . . 
Brownsville, . . . 
Tecumseh, . . . . 

i Prairie City, . . . 
6 Little Osage, . . . 

Big Sugar, .... 

iSTeosbo, 

Potawattomlej . . . 

Little Sugar, . . , 

Stanton, 

Osawottamie, . . . 
7jTitus, 

Juniata, 

8 Ohio City, 

Mill Creek, .... 

St. Mary's, . . . . 

Waubaunsee, . . . 
9 1 Pawnee, 

jGrasshopper Falls, . 
lOjDoniphau, . . . . 

Burr Oak, 

'.Jesse Padur's, . . . 
ll.Ocena, 

Kickapoo, . . . . 
13 Pleasant Hill, . . . 

Indianola, . . . . 

Whitfield, 

14!Wolf Ptiver, . . . . 

jSt. Joseph's Bottom, 
15;Mt. Pleasant, . . . 

16'Easton, 

ITlMission, 



Constitu- 
tion. 



Total, 1731 



Yes. 
348 

72 
11 
48 

137 
18 

135 
42 
24 
35 
72 
21 
18 
12 
39 
42 
32 
56 
39 
30 
21 
20 
14 
19 
45 
54 
22 
23 
12 
28 
20 
47 
19 
7 
23 
15 
32 
71 
7 



No. 
1 
2 



General 

Banking 

Law. 



Yes. 

225 

59 

9 
31 
122 
13 
125 
41 
22 
23 
39 
16 

5 

6 
21 
33 

4 
33 
32 
23 
16 



17 
16 

19 
5 
7 
1 

8 

7 

37 

3 

11 

4 

32 

53 

3 



No. 

83 

14 

3 

15 

11 

4 

9 

1 

2 

11 

33 

12 

16 

6 

19 

13 

33 

20 

7 

e 

5 
20 
14 

1 
29 
34 
14 
16 
11 
20 
13 

6 
18 

4 
12 

9 

1 
19 



46 1120 



Exclusion of 

Negroes and 
Mulattoes. 



Yes. 

133 
48 
12 
48 

113 
14 
69 
42 
22 
36 
69 
23 
20 
12 
25 
42 
33 
38 
25 
10 
20 
20 
14 
7 
40 
50 
21 
22 
12 
28 
16 
45 
19 
6 
18 
14 
30 
71 
1 



No. 

223 

20 

2 
15 

4 
64 



11 



356 
76 
12 
53 

137 
18 

136 
42 
24 
35 
72 
31 
21 
12 
43 
60 
37 
59 
44 
31 
21 
20 
14 
19 
45 
54 
22 
23 
12 
28 
20 
47 
19 
7 
24 
15 
33 
73 
7 



564 1287 



4531778 



J\''- B. — The Poll-book at Leavenworth tvas destroyed. 
2U* 



234 THE CONQUEST OF KANSAS. 

was either no election allowed to be held, or the election was 
stopped, or the voters at least intimidated from voting by the 
presence of a mob from Missouri. The election returns are on 
the preceding page, and, in spite of the causes I enumerate, they 
show a heavier list of votes than there was of pro-slavery voters 
in the territory at that time. 

The Nota Bene here requires an explanation. I was present 
at Leavenworth, and, as I saw the whole transaction, will endeavor 
to depict it. The election was held on a Saturday. For several 
days previous it had been raining. I had feared very much that 
the rain would keep the voters away, but, on Saturday afternoon, 
it cleared away cold and sharp, but with sunlight and fair weather. 
The voters came in, not so numerous as on other occasions, but by 
noon there were nearly three hundred votes polled ; and, as the 
voting had only commenced at ten o'clock, it was supposed that 
there would be at least six or seven hundred votes counted. My 
attention was first attracted by large boat-loads of people coming 
over the river. The ferry-boat was a large, wide, flat boat, 
capable of holding several wagons or many horsemen. 

I had strolled down to the river about nine o'clock in the morn- 
ing, and then I observed this extraordinary emigration. Opposite 
to Leavenworth there is an island, behind which there is a dry 
slough, or old channel of the river. The island in question seemed 
as if by magic to swarm with life. 

They commenced crossing in parties of ten or a dozen early in 
the afternoon ; but about twelve o'clock they came over in whole 
boat-loads. About noon I learned from a person who came down 
the river side that they were also crossing at the horse-ferry at 
Fort Leavenworth, three miles above, and were coming down by 
land. As the Missourians have never voted at these elections, 
pronouncing them " illegal," and have merely attempted to intim- 
idate, I naturally concluded that all of these Platte County 
•scoundrels were not coming over for any good. On inquiry, I 
learned that Brigadier-General Easton, of the territorial militia, 
had stated in his paper and had proclaimed that his " brigade " 
should be disbanded in Leavenworth that day ; and as these fel- 
lows had been out in the " law and order " campaign against the 



MOBBING THE BALLOT-BOX. 235 

" abolitionists " of Lawrence, they were over to-day to get " an 
honorable discharge," which should entitle them to the gratitude 
of Uncle Sam to the tune of two" dollars fifty cents a day. Bad 
as this version of the story looked, I suspected that it only 
explained part of the truth. That the disbanding should have 
been postponed for five days might have been accounted for on a 
mathematical calculation to the efiect that these five days would 
amount to twelve dollars and fifty cents extra per man ; but that 
it should have fallen exactly on the day that the new constitution 
framed at Topeka was to be submitted to the people looked a 
little like a calculation on the part of the gallant General Easton, 
or whoever had been at the bottom of it. 

I do not think I ever before saw so many cut-throat-looking 
villains in one crowd. The groceries were thronged, and the spirit 
of evil commenced its work. Hard-featured, unkempt and un- 
shaved, they evidently belonged to " the great unwashed and 
unterrified." With red blankets and blue blankets and dirty 
white blankets and no blankets at all, with " garments dyed in 
mud," and of a homespun look, and many of them with long 
Western rifles, they swaggered about, cursing the " abolitionists " 
generally, and a few persons about Leavenworth in particular. 

I had learned that the parade and disbanding were to come off 
at two, and fancied that nothing would happen before that time; 
but I was mistaken. The clerks and judges of elections had been 
closing the polls to go to dinner ; all of them had left the voting- 
room but three. 

Soon amongst that motley crowd the tall figure of Mr. Payne 
was visible in an attitude of command. Payne is a Virginian, 
but such another Virginian I never saw ! He must have come 
from the mountain districts, where they all belong to the " unter- 
rified." He went with an easy swagger, and from the tip of his 
slouched hat to the point of his toes he looked an unmistakable 
member of the "first family " of ruffians. He had been a member 
of the Bogus Legislature, a judge of the County of Leavenworth, 
under appointment of the body of which he was a member, and 
now claimed to be a colonel of the " militia " who lately dis- 
tinguished themselves before Lawrence. 



236 ^ THE CONQUEST OF KANSAS. 

There was another prominent person at the polls that day. 
His name is Dunn. He distinguished himself in this part of the 
world, and acquired an influence by keeping a grocery ; and those 
only who know can comprehend the immense importance of a 
grocery-keeper in Border Ruffiandom. 

The voting had been done at a window, and to this the crowd I 
have been describing made a rush. They were led on by Payne 
and Dunn. The movement was thoroughly understood before it 
was made, and around the house, and in the streets adjoining, the 
crowd was dense. There were several hundred of them. The 
window was driven in, glass, sash, frame and all. Dunn ex- 
claimed, 

" In the name of ' law and order ' I demand that ballot-box ! " 

" No d — d parleying ! " cried Payne, cocking a six-shooter and 
presenting it at the clerks. " Take the box, Gr — d d — n it, take 
the box ! " 

Two of the three persons in the room at the time it was 
attacked got off without injury, having arms ; the third, a man 
named Wetherill, one of the clerks of election, and who was 
unarmed, tried to take away the ballot-box, and make his escape 
by a door opening on another street. Closely pressed, he threw 
the box under a counter, and as he emerged into the muddy street 
was knocked down by clubs. Not less than thirty men were 
around him and jumping on him. One man had an axe raised to 
strike him, if he could have done so for the crowd. It was the 
work of au instant, and immediately some few of the free-state 
men, who had not been frightened off, interfered. The first who 
interposed was a pro-slavery man, who seemed to have a trifle of 
the Samaritanin him ; but a young man from York State, named 
Anthony, and a Captain Brown, both good and tried free-state 
men, cocked their pistols, and rushed forward, as did some others. 
Wetherill was raised and carried home. 

The mob, having got possession of the ballot-box and poll-books, 
paraded them off in triumph. The streets resounded with shrieks 
and yells, and it was evident that the half- tipsy invaders were ripe 
for further mischief. 

A panic had seized the free-state men, or rather they wanted 



MOBBING THE BALLOT-BOX. 237 

some bold and active leaders. The polls had beeu violated while 
most of the people were at dinner ; but the border ruffians kept 
possession of the quarter of the town where the voting had been 
held, and but few free-state men were to be seen venturino- amono; 
them. Perhaps the apology for this timid spirit lay in the fact 
that the men of Leavenworth were unarmed, or but indifferently 
armed, and that they had no volunteer or military organization, 
the known members and officers of which could be relied on. It 
was with a feeling of shame and bitterness that I saw these invad- 
ing, lawless villains thus violate the dearest and most sacred 
rights of American freemen. 

The mob was swaying uneasily to and fro, and was evidently 
animated by some new work of mischief. The words " abolition 
papers," " Delahay," " D — n it ! burn the whole infernal thing 
up ! " " Throw it in the river ! " showed that mischief to Colonel 
Delahay's office, the Territorial Register, was contemplated. 

In this emergency the city mayor, who was elected on the free- 
state ticket, sent off to the fort for the troops. He might as well 
have sent to Jericho for the horns that blew the walls down. The 
commandant had other business. The Register office was locked 
up. Its owner, who had refused to' go to the aid of Lawrence 
during the siege, might have been found, peering down from a 
back street on the mob who threatened his press, and in a state 
of trepidation which showed he was not very anxious for political 
martyrdom just at that moment. A couple of his hands ventured 
to remain in the office. 

Delahay's office was not mobbed. There is not the slightest 
doubt that putting it in the river on Saturday was part of the 
programme ; but two things saved it. In the first place, a person 
who does not subscribe to the non-resistant creed informed the 
friends of the pro-slavery paper here that if the Missourians put 
the Register office in the river, the Herald office would be placed 
snugly beside it as soon as they left town. I do not endorse such 
a sentiment, of course, but I think it had a salutary effect. The 
other reason was, a hesitation on a part of a few of the more con- 
servative of the pro-slavery men here, who, like Davy Atchison 
at the Wakarusa, were afraid that too much of a good thing 



238 THE CONQUEST OF KANSAS. 

" might injure the democratic party." An effort was made to 
satisfy the victorious heroes of the ballot-box with their laurels for 
the day, and the disbanding of the " militia " afforded the means 
of diverting the current. 

The men were marshalled out to an open space toward the 
back of the town, and then came off the second edition of the 
"law and order " humbus". 

Judge Payne, who now figured as Colonel Payne, called the 
meeting to order, — that is, he tried to do so, — and also introduced 
the gallant General Eastin to the men whom he was about to dis- 
band ; and this he did in quite a handsome manner. 

General Eastin congratulated them on their good and orderly 
conduct, on which their recent occupation was an excellent com- 
mentary. He also complimented them on their appearance, which 
was quite diverting. But by far the most important part of his 
speech was a proposition that these men should immediately enroll 
themselves into regular volunteer companies as»soon as they vrere 
disbanded. He said there were three thousand stand of arms due 
the territory from the United States, and that if they took the 
proper steps they could get them. Atrocious as this proposal may 
look, I have investigated the matter as far as possible, and am 
satisfied it was really the intention thus to get the arms designed 
for the defence of the territory into the hands of those who are to 
invade it. A part of the force thus to be armed would be pro- 
slavery men, residents of the territory ; but the great bulk of these 
arms would thus find their way into the hands of the border 
ruffians. 

As there were evidently a dozen more orators to immortalize 
themselves, I left. Returning to the river's edge, I saw another 
large party of the Missourians on the island, who wanted to get 
over even at that late hour, but the ice had begun to run thick, 
and the ferry-boat was stopped for the time being. There were 
about forty on horseback who had come down to the sands oppo- 
site, and were evidently very anxious to get over. On the island 
I should judge there were not less than a hundred men. 

Night set in, and with it the renewed fears of the inhabitants. 
There had been no attempt made to get new poll-books, and com- 



MOBBING THE BALLOT-BOX. 239 

mcnce voting again. I heard it asserted by the border ruSans, 
in the most emphatic manner, that no such election should be 
hereafter permitted. 

After dark it was learned that the attack on the Register office 
and on several other houses was yet to be made. A party of 
Missourians had gone out and encamped in a hollow above town. 
Some of them had left altogether, and some still remained. 

A few of those whose anxiety for their bones, or to " keep right 
on the record," had not interfered too much with their willino-ness 
to fight, assembled at different points of the town to prepare for 
defence if an attack was made. There were not more than eighty 
men in all, thus bearing arms, and many of these were armed 
with old rusty muskets and shot-guns, only fit for a museum, 
and which it would have been as safe to stand before as behind. 

Night went on, and the foe came not. Hours went by, and 
weary watching began to extinguish the military order. 

There was no attack that night, and next morning all of the 
border ruffians who had not gone back were struggling towards 
home, their " blushing honors thick upon them." 



CHAPTER XVIII. 

SKIRMISH AT EASTON. 

The winter of 1855-6 was unusually severe througliout the 
Northern and Western States, and it was particularly so in Kansas. 
By Christmas the deep drifting snow covered the prairies, and 
those who had been deprived of the opportunity to get their 
houses made comfortable, by the necessity of defence, or harassing 
persecution, suffered severely. Thus it was in Kansas, — snow}^ 
cold, with biting winds, — when the people were called upon to vote 
for those officers who should form the government of the prospect- 
ive state. 

In Leavenworth city a free-state mayor had been elected in the 
fall of 1855; but, after the disastrous election on the 15th of 
December, Mr. Slocum, intimidated by the threatening conduct of 
the border ruffians, or feeling that the people were dissatisfied with 
him for not venturing more in the defence of the place, resigned. 
Taking advantage of this opportunity, the pro-slavery men, by 
fraud and violence, elected one of their tools. Under his dispen- 
sation it was ordered that no election be held in Leavenworth city ; 
and, as it was well known that any number of ruffians could be 
got from the adjoining state to enforce that order, it was not 
attempted. Some of the leading free-state men determined that 
an election should be held in the Leavenworth district, and it 
having thus failed on the 15th of January, the day appointed, the 
judges of election adjourned the polls until the 17th, when they 
were to be opened at Easton, or near it, at the house of a Mr. 
Minard. Easton is some twelve miles distant from Leavenworth 
city, and by this arrangement it would be needless to add that 
comparatively few could go to the polls through a deep snow in 



SKIRMISH AT EASTON. " 241 

such severe weather, well knowing, as they did, that the chances 
for a fight even there were pretty good. In fact, while Leaven- 
worth could have polled upwards of five hundred free-state votes, 
little more than a hundred were polled at Easton. 

So quietly had this been managed that the enemy were not 
sufiiciently aware of what was going on to make sufficient provision 
against it. On the morning of the 17th of January, 1855, the 
polls were opened according to the adjournment, and voting began. 
In a very short time the pro-slavery men became aware of what 
was going on, and began to rally. The evening before, a small 
number of pro-slavery men, who had known that an election was 
to be held at Mr. Minard's, attempted to get possession of the 
place so as to prevent it, but were driven ofi". Many of the free- 
state men who went to the polls took guns with them. A small 
party of these, while going through Easton on their way to the 
polls, were attacked by a larger number of persons, who had 
congregated in the store of a pro-slavery man named Dawson. 
By these men the free-state voters in question were disarmed and 
driven back in a difierent direction from the polls. 

During the day parties of pro-slavery men, who were congre- 
gating about Easton, went over to the place where the voting was 
going on, and threatened to attack the house. Seeing that the 
free-state men were ready to defend themselves, they did not 
attack. These threatening visits were made several times during 
the day, and on each occasion the most violent threats were made ; 
but they dared not attack. During the day voters going to or 
coming from the polls were molested, and disarmed or driven back. 

As it was well known that the ballot-box would be taken and 
destroyed, as had been threatened, it became an object of some 
interest to save this record of the popular will. Many of the 
voters had left ; but there were still some eighteen or twenty who 
remained to guard the ballot-box. • 

In the early part of the night an attack was expected, and the 
free-state men were prepared for it. They knew that messengers 
had gone to Kickapoo for the Kickapoo Kangers, and an attack 
was looked for whenever they arrived. Late that night, and 
when the danger of attack was supposed to be past for the present, 
21 



242 THE CONQUEST OF KANSAS. 

Mr. Stephen Sparks, with his son and nephew, started for home. 
Their route lay through Easton. When close to Easton they 
were attacked by a dozen of armed men, who had been watching 
at one of the groceries, and swarmed out on them. Mr. Sparks 
and his son retreated into the fence corner, where they drew their 
revolvers and kept their enemies at bay. The nephew, who had 
been some distance behind, wheeled about and went back full speed 
for help. 

It was a trying moment for the two men in the fence corner. 
Their enemies clustered only a few yards off, pouring out against 
them a torrent of bitter imprecations. They ordered them to sur- 
render ; but the two men in the fence corner, well knowing the 
danger of surrendering to such characters, maintained their trying 
position. A struggle so unequal could not last long. The pro- 
slavery men seemed to think that the first who made the assault 
would pay the forfeit with his life. They began to gather closer 
and get more excited ; but before their rage could rise above their 
cowardice, Capt. E. P. Brown, with fifteen mounted men, dashed 
up to the rescue. The pro-slavery men immediately retreated as 
they saw the others advance. 

It was just about this time that the Kickapoo Rangers 
approached the scene of action. Capt. Brown, with his men and 
those they had rescued, were riding off, when a party of about 
thirty mounted and armed men appeared coming over the ridge. 
All of the parties were close to Easton. The captain of the 
Rangers ordered Brown's company to halt and to surrender. This 
was refused. Brown drew up his men in line. At this moment 
the Rangers commenced firing on the free-state men. Capt. 
Brown immediately ordered his men to fire, and a volley was 
poured back. 

There was only one Sharpe's riSe in the company ; and, as the 
guns loaded at the muzzle, the process was slow. After two or 
three volleys, the Kickapoo Rangers dismounted and retreated 
into some empty houses thereabouts, from which they kept up a 
brisk fire. Finding his men exposed, Capt. Brown threw them 
into some empty houses close by. The young man with the 
Sharpe's rifle lay down at the back of a snow-bank and fired at the 



SKIRMISH AT EASTON. 243 

houses, where the enemy was, so long as he had ammunition. 
The others of Brown's men loaded their pieces, and fired them as 
often as they could see anything to shoot at. 

This irregular and uncertain fight lasted for two or three hours, 
when the pro-slavery men ceased firing. As Capt. Brown knew 
his force was too weak to make an assault on the enemy for the 
purpose of dislodging them, and as it was evident nothing further 
could be accomplished then, they returned to Mr. Minard's. 

In this engagement Mr. Sparks received two wounds, but they 
were not dangerous ; and another free-state man was also wounded, 
but slightly. On the other side a pro-slavery man named Cook 
was killed, and one or two others hit, but not badly hurt. It is 
wonderful that more of them were not killed ; but in the darkness 
and amidst the excitement the chance of taking aim was not very 
good. After the parties took to the houses, which were some little 
distance apart (a long range for such guns), there was little 
mischief done. 

As it was impossible for any number of men to remain at 
Minard's, the ballot-box was sent off to what was considered a 
place of greater safety, and the parties started home. Capt. 
Brown, with seven others who lived in the neighborhood of Leaven- 
worth or Salt Creek, started home, some of them in a buggy, and 
some in a horse-wagon. They had proceeded some distance when 
they saw a wagon full of men approaching thera. The free-state 
men drove past the wagon. Not a word was spoken on either 
side, although the parties eyed each other intently. Scarcely had 
they passed the wagon when a bend of the road revealed two wag- 
ons more and some horsemen. They were the Kickapoo Bangers. 

Thus fairly trapped, Capt. Brown jumped out of the buggy, 
and, taking his gun, told the others to defend themselves. As 
the chances were desperate, Mr. Adams and Mr. Creen urged 
that they should surrender, and Mr. Brown reluctantly complied. 
Having obtained possession of the arms of the free-state men, 
some of the most violent of the Rangers proceeded to abuse 
them. Thoy had given a promise that their persons should be 
safe if they would surrender their arms; but the moment this 
was complied with, the terms were violated, the leaders of the 



244 THE CONQUEST OF KANSAS. 

pro-slavery men being unable to control some of the more des- 
perate characters they were leading on. One young man was 
knocked down, and a man was going to cut him with his hatchet 
(the Kickapoo Kangers carry hatchets), when he was prevented 
by the friends of the young man, and Captain Martin of the 
Rangers. 

At length the prisoners were taken back to Easton and put into 
Mr. Dawson's store, or grocery. Shortly after they were taken 
there, Captain Brown was separated from them, and put in an 
adjoining building. A rope was purchased at the store, and was 
shown to the prisoners, with the intimation that they should be 
hanged with it. 

It is but justice to say that there were a few men amongst this 
pro-slavery party who were unwilling that violence should be 
done the prisoners. Captain Martin exerted himself to save 
them. It was fiercely discussed for hours what should be done 
with them ; and meanwhile liquor was drank pretty freely, and 
they who were brutal enough without anything to make them 
more so, became ungovernably fierce. Seeing the threatening 
aspect of affairs, and being unwilling that all of these men should 
thus be murdered, Captain Martin allowed the prisoners in the 
store of Dawson to escape. As nearl}^ all of the pro-slavery 
ruffians were engaged in taunting and insulting Brown, the others 
succeeded in getting off, although they were perceived before they 
had gone far, and some of them were pursued. 

Mr. Adams hastened to Fort Leavenworth in hopes of getting 
some troops to go and rescue Brown ; but it was a vain attempt. 
Such protection was refused, and even then it would have been 
too late. 

Then followed a scene of atrocity and horror. If there is one 
reader who thinks my language towards the border ruffians is dis- 
respectful, let him look at this scene, and say if the term " ruffian " 
is not mild. 

Captain Brown had surrendered his arms, and was helpless. 
His enemies, who dared not face him the night before, though they 
had a superior force, now crowded round him. When they began 
to strike him he rose to his feet, and asked to be permitted 



SKIRMISH AT EASTON. 245 

to fight any one of them. He challenged them to pit him against 
their best man, — he would fight for his life ; but not one of the 
cowards dared thus to give the prisoner a chance. Then he vol- 
unteered to fight two, and then three ; but it was in vain. Capt. 
Martin tried to save him ; but it was a vain effort to stay the 
torrent of blood-thirsty vindictiveness. Seeing his task hopeless, 
sick of the prospect, he left. 

It would be needless to dwell on the sickening spectacle. These 
men, or rather demons, rushed around Brown, and literally hacked 
him to death with their hatchets. One of the Rangers, a large, 
coarse-looking wretch, named Gibson, inflicted the fatal blow, — a 
large hatchet-gash in the side of the head, which penetrated the 
skull and brain many inches. The gallant Brown fell, and his 
remorseless enemies jumped on him, while thus prostrate, and 
kicked him. Desperately wounded though he was, he still lived ; 
and, as they kicked him, he said : 

" Don't abuse me — it is useless — I am dying ! " 

It was a vain appeal. One of the wretches, who has since dis- 
graced the ofiice of United States Deputy Marshal, stooped over 
the prostrate man, and, with a refinement of cruelty exceeding 
the rudest savage, spit tobacco-juice in his eyes ! 

Satiated brutality at last went back to its carousals, and it was 
then that a few of their number, whom a little spark of conscience, 
or a fear of punishment, had animated, raised the dying man, still 
groaning, and, placing him in a wagon, his gaping wounds but 
poorly sheltered from the bitter cold of that winter's day, drove 
him to the grocery of Charles Dunn, on Salt Creek. Dunn was 
of their number. There they went through the farce of dress- 
ing his wounds ; but, seeing the hopelessness of his case, took 
him home to his wife. So far, struggling nature, and a vigorous 
constitution, had refused to sink ; but, as he was borne in to his 
startled and agonized wife, the pulse of life was ebbing out. She 
asked him what was the matter, and how he came thus. 

" I have been murdered by a gang of cowards, in cold blood, 
without any cause ! " he said. And, as the poor wife stooped 
over the body of her gallant husband, he expired. 

Thus died Captain E. P. Brown, a true martyr to the cause of 
21* 



246 THE CONQUEST OF KANSAS. 

freedom. It was his fearless independence that signalled him 
out and aroused the venom of the corrupt tools of the slave 
power. Then " cracked a noble heart." I knew him well, and 
have seen how he demeaned himself in the hour of stern danger 
more than once, and know that he was brave and true. 

He is buried on the top of Pilot Knob, which overlooks the val- 
ley of the Missouri. He left a wife and one orphan child. As I 
stood on his lonely grave I felt like exclaiming : 

" Were I Brutus, 
And Brutus Antony — there were an Antony 
Would ruffle up your spirits, and put a tongue 
In every wound of Cscsar's, that should move 
The stones of Borne to rise and mutiny." 

Precisely one week after the election in December there was a 
party-caucus held in Lawrence to nom/mate a free-state ticket for 
state officers under the Topeka Constitution. As in all similar 
bodies, there was, of course, some wire-working and manoeuvring ; 
but, as this chiefly concerns the people of Kansas alone, I need 
not occupy space with the particulars. 

The most important nomination was that of G-eneral Robinson 
for governor. This was not only justice to his abilities, but, in 
the circumstances of the territory, was an indispensable step. 
General Robinson is a man of calm, dignified, yet fearless charac- 
ter. Few men could have been found anywhere better qualified 
for the position he was called to fill. Possessing integrity, which 
unfortunately was scarce in the territory, a thorough judge of 
human nature, and willing to act in circumstances the most dan- 
gerous and responsible ; temperate in his habits to abstemious- 
ness, chaste in his language, and possessing all the qualities 
which dignify the character of a gentleman, he is a man you can 
honor for his ability without feeling ashamed of his character. 

Next to him, as the person meriting the confidence of the peo- 
ple. General Lane unquestionably stands. With all his faults 
he has a heart ; is a brave man, active and indefatigable, and 
may be eminently useful. He is thoroughly a Western man, 
with a Western man's peculiarities. At times I have admired 



SKIRMISH AT EASTON. 247 

him, and again shrank from him with the conviction that the 
public interests could never be safely entrusted with him. And 
yet after all, on a fair estimate, there are worse fellows than 
*' Jim Lane." It would never do to try him by the same stand- 
ard as Robinson ; but he fills a standard of his own in a no less 
prominent and useful way. 

W. Y. Roberts is a much smaller man than either. With him 
politics is a science, and himself its professor. He was nominated 
and elected lieutenant-governor, but was made candidate for gov- 
ernor on a bolting ticket got up in opposition to the regular free- 
state ticket. When questioned as to whether he endorsed the 
position of the men who thus nominated him, he declared that it 
Was without his consent ; but a reference to the election-returns 
will show that the bolting ticket, which had few votes anywhere, 
received twenty -nine out of thirty votes in Roberts' own precinct. 

I aui particular in speaking of the convention, for it had some- 
thing important to do with the future of the territory. Besides 
the candidates for governor and lieut-enant-governor, whose names 
I have mentioned. Judge P. C. Schuyler was nominated for secre- 
tary of state, Dr. G. A. Cutler, auditor, J. A. Wakefield for 
treasurer, H. Miles More, Esq., attorney-general, Messrs. M. F. 
Coiiway, S. N. Latta, and M. Hunt, for judges of Supreme Court ; 
Mr. C. B. Thurston for reporter of Supreme Court, Mr. B. Floyd, 
clerk of the same; Mr, John Speer, printer. All of these were 
elected. 

The Leavenworth vote was polled at Easton. At several other 
points, where the pro-slavery men had the power, or where the 
voting-place bordered on Missouri, no voting was allowed. It is 
justice to add that Judge Johnson and Mr. Parrot were on the 
bolting ticket against their will. 

By these steps was the state government ready to be put in 
motion. At the Topeka Convention it was urged that the gov- 
ernment in question begin in January ; but it was decided that 
no attempt to organize should be made till the first of March, 
1856, by which time it was expected that Congress would act on 
the application for admission. 



CHAPTER XIX. 

STATE LEGISLATURE — THE DRAGOONS — SHERIFF JONES 

SHOT. 

During the month of February, 1856, threats of fresh invasion 
were common. It was believed that Missouri would pour out 
another horde of law-and-order heroes, to " wipe out " the state 
Legislature in blood. Not satisfied with wresting from the people 
the only show of political power they had, and of holding in vio- 
lent usurpation the government of Kansas, they were determined 
that there should be no revolt from under their rule. No provis- 
ion was made, under the constitution, to sustain civil power by 
hireling soldiery under the orders of the government, because it 
was at once conceded that, when a government could not sustain 
itself amongst the people, it ought t5 fall. But now there was a 
mighty change in the political history of the country. Newspa- 
pers in the pay of the government, or its employes, and calling 
themselves " democratic^'* began to talk about " treason," as if the 
rights of a republican people had merged into submission to some 
recognized written law, or official power. Officers, high in public 
trust, did not fear to give official sanction to this innovation on 
popular rights. The people asserted their most sacred political 
right, and " Treason ! Treason ! " was the cry of democratic jour- 
nals. Heckless politicians who, under the pretext of " popular 
sovereignty," had wrested from the people their most sacred rights, 
the moment the people attempted to recover what was thus filched 
from them, echoed the cry, " Treason ! — Treason ! " 

As the appearance of afiuirs, judging from past experience, 
indicated fresh troubles, a memorial was framed by the people of 
Kansas, asking protection from armed invasion, and to be.secured 



STATE LEGISLATURE. 249 

in their rights. As a reply, the President issued a proclamation, 
in which, amidst an unmeaning denunciation against " invasion," 
he dechired substantially that all the usurpations of the Bogus 
Legislature, — its men selected from IMissourians and elected by 
them, — who imposed the Missouri code on Kansas, and infamous 
laws destructive of popular liberty; — who stole from the people 
the right to elect their public officers, and thrust its tools upon 
tliem ; — a despotism, which could not have had a day's vitality 
in the territory without Missouri bravos, or federal bayonets, — 
that these usurpations would be sustained "by the whole force 
ol'the government." 

As an admirable offset to the few sophisticated parts of the proc- 
lamation, are the following preamble and resolutions, adopted by a 
meeting called in Independence, Missouri, to coiuider the Presi- 
dent's proclamation : 

" Whereas, information having been received through the pub- 
lic papers that the President of the United States had received 
information that armed organizations had been raised in the Terri- 
tory of Kansas, and without the territory in the neighboring 
states, for the purpose of * resisting the laws of the territory,' 
clearly implying that the border counties oP the State of Missouri 
contemplated such armed resistance, and has issued a proclama- 
tion based thereon." 

Here follow a string of resolutions, denying that Missouri got 
up armed resistance to the " laws of the territory." This resolu- 
tion was also offered : 

" Resolved^ That we offer to the President our assistance in 
suppressing any armed resistance to the laws of Kansas Territory, 
whether it be from the North or South." 

Admirably cool ! They comprehended the President's procla- 
mation. They had offered "no resistance to the laws of the ter- 
ritory.''^ Why should they ? — they made them. And this view 
of the case was no joke ; it has been since fearfully realized. Mis- 
souri, so far from resisting the " laws of the territory," volunteers 
to help Franklin Pierce enforce them ; and she has d.one it ; — 
ay, and done it unrebuked. As a border ruffian told me during 
the Wakarusa war, when I had pointed out the propriety of 



250 THE COx\ QUEST OF KANSAS. 

Missouri enforcing the bogus laws, if they were to be enforced 
at al], 

" We made them — Missouri made them, sir, and she has a 
right to enforce them ; and if she don't, who will?" 

As an evidence of what Missouri meant by " suppressing armed 
resistance, etc.," from the "South," I quote resolutions adopted 
first at Lexington, Mo., and then at Independence, Mo., some of 
the saujo men being officers of tlie meeting adopting them. They 
were ofiered on the occasion of the arrival of Col. Buford's armed 
regiment from Alabama and Carolina, who came for the avowed 
and sole purpose of aiding Missouri in the conquest of Kan- 
sas : 

^^ Resolved, That we hail with delight the interest now being 
manifested in the Southern States in regard to the settlement of 
Kansas, with her pro-slavery and law-abiding citizens ; and that 
we welcome with open arms those gallant sons of iilabama and 
of other Southern States, now on their way to their new homes in 
Kansas Territory, as well as those who have preceded them on 
their way, as men with whom the South can trust her dearest 
rights under the constitution ; and we hereby pledge ourselves to 
them, and each to the other, that we will aid and assist them in 
every proper way, and, should emergencies require, we will march 
shoulder to shoulder with them to the last struggle for Southern 
risfhts. 

" Resolved, That we shall ever cordially welcome to the soil of 
Missouri our friends of the South, who have forsaken their homes 
and firesides to join us in the contest now going on in Kansas, and 
that we assure them that our homes shall be theirs, cur hopes 
theirs, our fortunes theirs, and, in fine, Missouri grasps the hand 
of the South, and trusts that the future State of Kansas will be 
another tie to cement us in a common brotherhood." 

Nor was the " aid and comfort " confined to resolutions. Large 
suras of money were raised for their equipment and support, and 
finally, a property tax was levied for their support, so that luke- 
warm men, or " abolitionists at heart," would be compelled to sus- 
tain the expense of conquest. 

On the first of March the State Legislature assembled at Tope- 



STATE LEGISLATURE. 251 

ka, with the officers of the prospective governments. The House 
of llepresentatives was called to order by the Chairman of the 
Executive Committee of Kansas Territory; the oath of office ad- 
ministered, and the roll was called by the Secretary pro teui. 
Thirty-two members responded as their names were called. A 
quorum being present, they proceeded to elect a Speaker, and T. 
idinurd, of Easton, v/as declared duly elected. On taking the 
cliair, he made a few a-ppropriate remarks. Joel K. Goodin, of 
Bianton, was elected clerk, and Samuel Tappan, of Lawrence, 
assistant clerk, J. Sncdgrass and Gr. F. Gordon, transcribing clerks, 
and J. Mitchell, sergeant-at-arms. After the election of door- 
keepers, etc., a message was received from the Senate, that they 
had organized, and proposed to go into joint session to witness an 
inauguration of the state officers. Governor Charles E-obinson 
took the oath of office, which was administered by the President 
of the Senate. He then delivered his inauo;ural address. 

The bodies thus convened proceeded to memorialize Congress 
for the admission of Kansas as a state under the Constitution. A 
committee from each leo;islative branch was apDointed to frame a 
code of laws for the future state, during the recess or adjournment 
of the Legislature. Other steps were taken, but all of a prepara- 
tory nature. Nothing was done which would bring the territorial 
government and the new state government in conflict. The Sen- 
ate and House, in joint session, proceeded to elect the United 
States Senators for Kansas, who should be prepared to take their 
seats on the admission of the state into the Union. The persons 
thus elected were Andrew H. E-eeder and J. H. Lane. Havinor 

o 

taken these steps, the Legislature adjourned until the 4th of July, 
1856. During the sitting of the Legislature, S. J. Jones, who 
claimed to be Sheriff of Douglas County, went to Topeka, which 
is in another of the counties made by the Bogus Legislature, and 
attended the sittings of the State General Assembly. He did not 
attempt to molest any one, but busied himself in " taking notes," 
writing the names of the members and officers in his memorandum 
book. 

And now came a new era in Kansas history, and one prefigured 
in the President's proclamation. The national House of Repre- 



252 THE CONQUEST OP KANSAS." 

sentatives had sent a committee of three of its members, Messrs. 
Howard of Michigan, Sherman of Ohio, and Oliver of Missouri, 
to Kansas, to investigate the alleged election frauds and outrages 
on the people, and collect testimony to be submitted to that body. 
This was an all-important step, and faithfully did the majority of 
the committee perform their duty. Their colleague, Mr. Oliver, 
was placed in a critical situation. As the representative not ouly 
of the slave power but of border ruffianism, he was expected to 
make a report sustaining these interests, and that in the face of 
testimony so overwhelming, that the effort could only make him 
ridiculous. Had he possessed the magnanimity of a great states- 
man he might have abjured party and all perverting influences, 
and joined with the majority in condemning outrages which it was 
hopeless to conceal or defend. But for such a cause the slave 
power would never have forgiven him. Even had he been noble 
enough to rise above this threatened political ostracism, there was 
a forbidding spectre between him and this honorable position. 
Amongst the testimony taken before the committee is evidence 
that Mr. Oliver came over from Missouri to the territory with a 
number of Missourians, and made speeches to them at the March 
election. 

While this committee were in session it became all-important 
to the border ruffians that the investigation should, if possible, be 
broken up, and that its sittings should at least be attended with 
trouble. For this purpose Sheriff Jones again commenced his 
legal persecution. The old ghost of the rescue of Branson, which 
had been neglected for some time, was now revived. Captain 
Abbott, who lived on the Wakarusa, was persecuted, hunted like 
a beast, evidently in hopes that, by taking him, another rescue 
would be made, which would be the foundation for more capital ; 
but the captain eluded them. 

While the committee were in Lawrence an attempt was made 
to arrest S. N. Wood. The sheriff, indeed, got possession of his 
person, but a few men who happened to be present stepped up and 
interfered, saying that " they could not have any fighting in town ; 
they must not quarrel," etc. Jones tried to pull out his revolver, 
when one of the parties adroitly took it away from him. Baffled 



THE DRAGOONS. 253 

and enraged, Jones left. On the following Sunday Jones returned. 
This time he had a well-matured design in view. As it was the 
Sabbath many of the citizens were going to places of public wor- 
ship. Jones interrupted these people, addressing himself to some 
of the most influential and respectable persons in town, amongst 
them one preacher. These men he summoned to act as his posse, 
to help him to make arrests he said he wanted to make. As 
might be expected, they did not pay the slightest attention to him. 
His object was gained. He returned and made a demand on 
Governor Shannon for the federal troops (all of which was arranged 
beforehand, of course.) The governor sent for the troops in ques- 
tion. Instructions had been forwarded to Colonel Sumner, by the 
Secretary of War, to furnish federal troops for the purpose of sus- 
taining the bogus laws and bogus officers, and Colonel Sumner, of 
course, complied with Shannon's requisition, and a small detach- 
ment was sent. These were placed subject to the orders of the 
ruffian Jones, who trooped about the country with them at his heels. 
At the same time. Colonel Sumner sent over the following letter 
to Lawrence ; 

" Head Quarters, First Cavalry, > 
Fort Leavenworth, April 22, 1856. 5 

" Sir : A small detachment proceeds to Lecompton this morn- 
ing, on the requisition of the governor, under the orders of the 
President, to assist the Sheriff of Douglas County in executing 
several writs, in which he says he has been resisted. I know 
nothing of the merits of the case, and have nothing to do with 
them. But I would respectfully impress upon you and others in 
authority the necessity of yielding obedience to the proclamation 
and orders of the general government. Ours is, emphatically, a 
government of laws, and if they are set at naught there is an end 
of all order. I feel assured that, on reflection, you will not com- 
pel me to resort to violence in carrying out the orders of the 
government. I am, sir, very respectfully, 

" Your obd't serv't, 

"E. V. Sumner, 

" Col. First Cav. Cmn. 
" To the Mayor of Lawrence." 

22 



254 THE CONQUEST OF KANSAS. 

However much they deprecated the action of the geneial gov- 
ernment, the people had not made up their minds to resist. 
Indeed, a loyal sentiment to federal authority was universal. The 
steps taken to organize a state government were considered in full 
accordance with the national constitution, and the only precedents 
the ease offered. It was, therefore, determined by the citizens of 
Lawrence that no resistance should be offered, at the present time, 
to federal authority, no matter how despotic ; or even to Jones, 
when he came thus clothed with the federal authority. 

Thus it was that Jones was permitted to enter the town with 
the troops and arrest several of the most respectable citizens. The 
persons he took were those whom he had asked to be his posse the 
Sunday previous, and who were thus arrested on a writ of con- 
tempt. Trivial and aggravating as this cause of arrest was, it did 
not save the parties from the rudest treatment and indignity ; one 
of this number had his clothes torn by Jones in the rough handling 
he got. These prisoners were cooped up in a tent, and treated as 
if they had been the most infamous felons, as their offence 
(admitting the official existence of Sheriff Jones) was a trivial one, 
and bailable. These men were thus kept in Lawrence, the design 
being, beyond all question, to provoke the people of the town to a 
rescue, when there would be another excuse for attackins; the 
place, and, in the disturbance, destroying the testimony taken, if 
not killing the commissioners. 

Such was the state of affairs when an unlooked-for event occurred. 
The people of Lawrence, with few exceptions, had calmly made up 
their minds to submit to this outrage for the time being, in hopes 
that they would have some remedy, the use of which would not 
place them in antagonism to the United States authority. But, 
while this was the resolution of the staid and conservative, there 
were a few bolder spirits who were prepared to go greater lengths ; 
men who did not stop to reason on nice subtleties, which timid 
minds will balance and set forth, hi order to exonerate themselves 
from the charge of inaction. They remembered that Jones' official 
presence was an outrage and an insult in itself, and that his mode 
of acting as an officer was violent, irregular, and insulting. But 
even these were so far under restraint that they submitted to the 



SHERIFF JONES SHOT. 255 

desire of tlie majority that there should be no resistance, and they 
would only have acted with a body and publicly. 

There was one spirit, fearless, wild, and reckless, who took 
another view of the subject, A young man, almost a boy, with 
warm impulsive nature, he cared little for the subtle distinctions 
of political theorists. Of the world he knew but little, although 
he w.as far from illiterate, but he regarded men and things as facts, 
not fancies ; and when he recognized an enemy his instinct was to 
crush him. The youth regarded the distinctions about territoritil 
authority and federal troops as merely the apologies by which the 
fearful endeavored to cover up their cowardice or shrinking from 
responsibility. 

It was the night of the 23d of April. Lawrence was quiet. 
The dragoons were in their tents; there also were the prisoners, 
and Sheriti' Jones was in one of the tents. A fire was burning in 
front, and there was a light in it. Jones rose and went to the 
opening of the tent and looked out. 

Quietly and stealthily, but resolutely, that young man had 
entered Lawrence, and now he stood some forty yards from the 
military tent. The guard was pacing his rounds with his carbine 
in his arm. Jones was standing in the door of the tent. Slowly 
that young man raised his pistol, till he thought it covered his 
enemy. Was there no fluttering pulse in that young heart? Was 
there nothing that whispered that it might be fairer to meet his 
enemy face to face ? Was there not even the timorous, trembling 
fear, that measures guilt by its probable punishment? A sharp 
report rang out ; the ball missed Jones, and the report merely 
arrested his attention. He stepped out, thinking, no doubt, it was 
a random shot. Again there was a report. Jones stooped down ; 
the ball had cut his foot and grazed his leg. " That was intended 
for me," he muttered, and he went into the tent. The guard had 
halted in his rounds, and was listening and looking intently through 
the night, and the clicking of his gun-lock might have been heard 
in the stillness. Daring to rashness, fired by the determination 
to accomplish that for which he aimed, the young man stepped 
lightly several paces nearer the tent ; he saw the figure of Jones 



256 THE CONQUEST OF KANSAS. 

by the liglit in it, and once more raising his pistol he fired. Jones 
fell, and the boy assassin fled. 

Then there was hurrying and bustling with alarm. The town 
was alive with people, and lights were going to and fro. " Jones 
is shot ! " went from mouth to mouth. The honorable and high- 
minded were displeased that this should have been done, and felt 
that it might give envious enemies a right to say that there were 
midnight assassins in Lawrence. The timorous and cowardly 
were loud in their denunciations of the unknown assassin, and 
titrove by their noisy declaration of " the atrocity," to clear 
their skirts from the charge of guilt in the eyes of those who 
might be suspicious. The wounded man was taken into the Free- 
State Hotel, and every attention was offered to him. Dr. String- 
fellow was in attendance with other physicians. Next day his 
friends sent back to his home in Missouri to bring up his wife, and 
the citizens of Lawrence strove, by their attention to him, to show 
that they did not sympathize in the attempt. 

Then another view of the affair seized the minds of the suspi- 
cious and abused people of Lawrence. It was a trick ; the wild 
Blue Lodge, which scruples at nothing, had determined that one 
of their men should go to the length of shooting Jones, in order to 
involve the people of Lawrence in his guilt. Others thought that 
some of Jones' pro-slavery enemies — and a man of his character 
has no scarcity of enemies anywhere — had taken the opportunity 
thus to shoot him when Lawrence would be accused of the crime, 
and thus a double purpose served. Such were the conflicting 
opinions in Lawrence on this mysterious subject, and as Dr. 
Stringfellow was his physician, there were not lacking those who 
believed the whole thing a hoax, — that the firing was done for 
effect, and that Jones was not shot at all. 

Next day after the shooting an indignation meeting was held. 
Ex-G overnor Reeder, Governor Robinson, and others, made speeches 
denouncing the act, and resolutions of the same character were 
adopted almost unanimously ; although there were a few who 
thought, if the " assassin " was to be indicted at all, it should be 
for taking such poor aim. 

If any one feels like striving to serve an oppressed people after 



SHERIFF JONES SHOT. 257 

the manner of Charlotte Corday, in such a community as Law- 
rence, let him read and ponder over these resolutions. Nor are 
they a humbug. There were free-state men wno would have 
handed that youth over to justice (bogus justice). Whether they 
would have done so from a moral sensibility of the great guilt, or 
a selfish desire to eschew all risk or culpability, I am not prepared 
to say. 

At the earnest request of many influential free-state men, Gov. 
llobinson offered five hundred dollars reward for the apprehension 
and conviction, in the United States Court, of the person or per- 
sons who made the assault. 

It was at this time that Col. Sumner, whose conscientiousness so 
far interfered with strict official duty that he could counsel the 
free-state men to submission^ wrote : 



•' Head Quarters, First Cavalry, 
Camp near Lawrence, Apr 



Cavalry, i 
HI 27, 1856. S 

" Sir : As there are no municipal officers in the town of Law- 
rence, I think proper to address you before returning to my post. 
The recent attempt made upon the life of Sheriff Jones will pro- 
duce great excitement throughout the territory, and on the Mis- 
souri frontier, and I consider it of the utmost importance that 
every effort should be made by your people to ferret out and bring 
to justice the cowardly assassin. It is not too much to say that 
the peace of the country may depend upon it, for if he is not 
arrested the act will be charged by the opposite party upon your 
whole community. This affair has been reported at Washington, 
and whatever orders may be received will be instantly carried into 
effect. The proclamation, which requires obedience to the laws of 
the territory, as they now stand, until legally abrogated, will cer- 
tainly be maintained, and it is very unsafe to give heed to people 
at a distance who counsel resistance. If they were here to partici- 
pate in the danger, they would probably take a different view of 
this matter. 

*' I am, sir, very respectfully, your obedient servant, 

" E. V. Su3[NEE, Col. 1st Cavalry Commanding, 

"To Mr. Charles Robinson." 
22* 



258 THE CONQUEST OF KANSAS. 

By the officer who brought this the following reply was for- 

warde(t to Col. Sumner : 

"Lawrence, K. T., April 27, 1856. 

" Sir : Your note of this morning is received, and in answer 
permit me to say that the cowardly attack upon Mr. Jones receives 
no countenance whatever from the citizens of Lawrence, but, on 
the contrary, meets with universal condemnation, and if the guilty 
party can be found, he will most certainly be given over to jus- 
tice. It is and has been the policy of the people of Lawrence to 
yield prompt obedience to the laws and officers of the federal gov- 
ernment, and as Mr. Jones was acting with the authority of that 
government on the day of the assault, the guilty party was an 
enemy to the citizens of Lawrence, no less than a violator of the 
laws. The people of Lawrence are without any organized muni- 
cipal government, and, consequently, no person or persons can 
speak or act officially for them ; but, from what I know of their 
feelings and disposition, I have no hesitation in saying that they 
will ever be found loyal citizens of the government, and ready to 
do all in their power to maintain the laws of their country. 

"As an evidence of the public sentiment of this community, I 
inclose a copy of the proceedings of a public meeting held on the 
morning after the unfortunate affair occurred. 

" Very respectfully, your ob't servant, 

" Charles E-obinson. 

" CoL. E. V. Sumner." 

H.0W prompt was President Pierce in securing justice to the 
wounded Missouri bully who was shot while trampling on the 
rights of a free people ! 

Not so was it when Mr. Mace was shot at the same time. Mr. 
Mace had given testimony before the committee, and that night he 
was attacked and wounded at his house by pro-slavery men, who 
thought they had killed him. But there is no " report " sent to 
Washington about this, nor about the outrage perpetrated much 
nearer the dragoon head-quarters, on the person of Hev. Pardee 
Butler. It was the second time that this last-named gentleman 
was outraged, and the scene is described by himself thus : 



OUTRAGE ON PARDEE BUTLER. 259 

" April 30th I returned to Kansas and crossed the Missouri 
at Atchison. I spoke to no one in town save two merchants of 
the place, with whom I had business transactions since my first 
arrival in the territory. Having remained only a few minutes, I 
went to my buggy to resume my journey, when I was assaulted by 
Robert S. Kelly, junior editor of the Squatter Sovereig7i, and 
others, was dragged into a grocery, and there surrounded by a 
company of South Carolinians, who are reported to have been 
sent out by a Southern Emigrant Aid Society. 

" In this last mob, I noticed only two were citizens of Atchison 
or engaged in the former mob. 

'' It is reported that these emigrants from the Palmetto State do 
not seek out a claim and make for themselves a home ; neither do 
they enter into any legitimate business. They very expressively 
describe themselves as having ' come out to see Kansas through.' 
"They yelled, ' Kill him ! kill Him ! Hang the d d aboli- 
tionist ! ' 

" One of their number bustled up to me and demanded, 

" ' Have you a revolver ? ' 

" I replied, ' No.' 

« He handed me a pistol, saying, ' There, take that, and stand 

off ten steps, and, G— d d n you, I will blow you through in 

an instant ! ' 

" I replied, ' I have no use for your weapon.' 
" I afterward heard them congratulating themselves, in reference 
to this, that they had been honorable with me. The fellow was 
furious; but his companions dissuaded him from shooting me, 
saying they were going to hang me. 

" If I can picture to myself the look of a Cuban bloodhound, 
just ready with open jaws to seize a panting slave in a Florida 
swamp, then I imagine we have a correct daguerreotype of the 
expression worn by these emigrant representatives of the manly 
sentiment, high-toned courage, and magnanimous feelings, of the 
South Carolina chivalry, when first they scented, in their own 
imagination, the blood of a live ' abolitionist.' 

" ' Hang him ! ' they yelled, ' hang him ! hang the d d abo- 
litionist ! ' 



260 THE CONQUEST OF KANSAS. 

" They pinioned my arms behind me, obtained a rope, but were 
interrupted by the entrance of a stranger, a gentleman from JMis- 
souri, since ascertained to be General Tut, a lawyer of Buchanan 
County. He said, 

" ' My friends, hear me. I am an old man, and it is right you 
should hear me. T was born in Virginia, and have lived many 
years in Missouri. .1 am a slaveholder, and desire Kansas to be 
made a slave state, if it can be done by honorable means. But 
you will destroy the cause you are seeking to build up. You have 
taken this man, who was peaceably passing through your streets 
and along the highway, doing no person any harm. We profess 
to be law and order men, and should be the last to commit vio- 
lence. If this man has violated the law, let him be punished 
according to law; but for the sake of Missouri, for the sake of 
Kansas, for the sake of the pro-slavery cause, do not act in this 
way.' ' 

" They dragged me into another grocery, and appointed a mod- 
erator. Kelly told his story. 

" I rose to my feet, and calmly and in respectful language began 
to tell mine. I was repeatedly jerked to my seat, and so roughly 
handled that I was compelled to desist. 

" My friend from Missouri again earnestly besought them to 
set me at liberty. 

" Kelly turned short on him and said, ' Do you belong to Kan- 
sas?' 

" He replied, ' No ; but I expect to live here in Atchison next 
fall ; and in this matter the interests of Missouri and Kansas are 
identical.' 

" Mr. Lamb, a lawyer in Atchison, and Mr. Dickson, a mer- 
chant of the same place, both pro-slavery men, also united with 
Gen. Tut in pleading that I might be set at liberty. 

" While these gentlemen were thus speaking, I heard my keep- 
ers mutter, ' D n you, if you don't hush up, we '11 tar and 

feather you ! ' 

"AYhen Kelly saw how matters stood, he came forward and 
said, ' He did not take Butler to have him hanged, only tarred and 
feathered.' Yet in the other grocery they had said to the mob 



OUTRAGE ON PARDEE BUTLER. 261 

that ' they should do as they pleased ! ' He dared not take the 
responsibility of taking my life ; but when these unfortunate men, 
whose one-idea-ism on the subject of slavery and Southern rights 
has become insanity, when these irresponsible South Carolinians, 
sent out to be bull-dogs and blood-hounds for Atchison and String- 
fellow — when they could be used as tools to take my life, he was 
ready to do it. 

" Our gunpowder moderator cut the discussion short by saying, 
* It is moved that Butler be tarred and feathered, and receive 
thirty-nine lashes.' 

" A majority said ' Ay,' though a number of voices said ' No.' 
The moderator said, ' The affirmative has it.' 

" There was a good deal of whispering about the house. I saw 
dark, ominous, and threatening looks in the crowd. 

" The moderator again came forward, and in an altered voice 
said, 

" ' It is moved that the last part of the sentence be rescinded ! ' 
" It was rescinded. 

" I was given into the hands of my South Carolina overseers to 
be tarred and feathered. They muttered and growled at this 

issue of the matter. ' Bey ,' said they, ' if we had known 

it would have come out in this way, we would have let 

shoot Butler at the first. He would have done it quicker than a 
flash.' 

" One little sharp-vis aged, dark-featured, black-eyed South Car- 
olinian, as smart as a cricket, who seemed to be the leader of the 
gang, was particularly displeased. 

" ' D n you,' said he, ' if I came all the way from South 

Carolina, and spent so much money, to do things up in such milk- 
and-water style as this ! ' 

" They stripped me naked to the waist, covered my body with 
tar, and then, for the want of feathers, applied cotton-wool. Hav- 
ing appointed a committee of three to certainly hang me the next 
time I should come to Atchison, they tossed my clothes into my 
buggy, put me therein, accompanied me to the suburbs of the 
town, and sent me naked out upon the prairie. 

" I adjusted my attire about me as best I could, and hastened 



262 THE CONQUEST OF KANSAS. 

to rejoin mj wife and two little ones, on the banks of the Stranger 
Creek. It was rather a sorrowful meeting after so long a parting. 
Still, we were very thankful that, under the blessing of a good 
Providence, it had fared no worse with us all. 

" The first mob that sent me down the Missouri river on a raft 
— always excepting Robert S. Kelly — were courteous gentlemen 
compared with this last one. When I was towed out into the 
middle of the stream, I do not remember to have heard a word 
spoken by the men on shore. This last mob, when they left me 
on the border of the town, shrieked and yelled like a pack of New 
Zealand cannibals. The first mob did not attempt to abridge my 
rio'ht of speech. In reply to all the hard and bitter things they 
said against me they patiently heard me to the end. But these 
men, who have come to introduce into Kansas that order of things 
that now exists in South Carolina, savagely gagged me into 
silence by rapping my face, choking me, pulling my beard, jerk- 
ing me violently to my seat, and exclaiming, ' D n you, hold 

your tongue ! ' All this was done while my arms were pinioned 
behind me. 

" Many will ask now, as they have asked already, what is the 
true and proper cause of all these troubles which I have had in 
Atchison. ' The head and front of my ofi"ending hath this extent, 
no more ' : I had spoken among my neighbors favorably for mak- 
ing Kansas a free state, and said in the office of the Squatter Sov- 
ereign^ I am a free-soiler, and intend to vote for Kansas to be a 
free state. It is true that Kelly, by an after-thought, has added 
two new counts to his bill of indictment against me. The first is 
that I went to the town of Atchison last August, talking aboli- 
tionism. I have not the honor of being an abolitionist. And, 
second, that I spoke, somehow or other, improperly in the pres- 
ence of slaves. All this is not only utterly false, but the charges 
are ex-post facts ; for not a word was said of this the day they 
put me on the raft." 

Jones recovered. To recover thus, after being " shot in the 
spine," as reported, was a feat of medical and surgical skill almost 
miraculous, and which should immortalize Dr. Stringfellow, if he 



RORDER-RUTFIAX TRIBUTE TO JOXES. 263 

were not already siifficieiitly celebrated. The Missouri papers 
could not afford to let him recover, however, and the "tributes 
to his memory " were numerous and affecting:. The followin<T I 
clipped from a border-ruffian sheet, and it will exhibit the amount 
of " law and order " capital that was to be made out of this event : 
" Kansas is once more in commotion. The traitors of Law- 
rence have again set the laws of the territory at defiance, and this 
time have added murder to their crime. Sheriff Jones, of Douo-- 
lass County, than whom a braver man never lived, has been mur- 
dered while in the performance of his official duties — shot down 
by the thieving paupers of the Xorth, who are shipped to Kansas 
to infringe upon the rights of Southern settlers, murder them 
when opportunity offers, steal their property, and, if possible, 
to raise a storm that will cease only with the Union itself 

" The excitement in this city, during the past week, has been 
very great. Kumors of various kinds have reached us, and al- 
though we believed a difficulty had occurred, we were not prepared 
to hear of such lamentable news, — the death of the patriot Jones. 
His death must be avenged, his murder shall be avenged, if at the 
sacrifice of every abolitionist in the territory. If the pro-slavery 
party will quietly sit still and see our friends, one by one, mur- 
dered by these assassins, without raising their arms to protect 
them, we much mistake their character. TTill they again allow 
a Northern governor to cheat them out of their just revenue? 
We answer emphatically, no I K the governor of this territory 
and the administration at Washington any longer attempt to force ' 
us to assume the position of outlaws before we can have justice 
done us, the sooner such a contingency arises the better. We 
are now in favor of levelling Lawrence, and chastising the trai- 
tors there congregated, should it result in the total destruction 
of the Union. If we are to have war, let it come now ! While 
the memory of our murdered friends, Clarke and Jones, is fresh 
in our memories, we can coolly and determinedly enter into the 
contest, let it result as it may. We do not approve of the course 
of the governor, in calling out the United States troops to enforce 
the laws of the teiTitory. It looks to us as a virtual admission 
that the law and order party of Kansas are not strong enough 
within themselves to enforce the law.'' 



CHAPTER XX. 

MARSHAL DONALDSON DECLARES WAR. 

Up to the spring of 1856 Missouri had maintained the struggle 
for the conquest of Kansas alone. Only a few straggling South- 
ern adventurers had come to her aid. As an evidence, I quote 
from the circular of the branch of the slavery-extension party 
located in Lafayette County, Mo. : 

" The western counties of Missouri have for the last two years 
been heavily taxed, both in money and time, in fighting the bat- 
tles of the South. Lafayette County alone has expended upwards 
of one hundred thousand dollars in money, and as much in time. 
Up to this time the border counties of Missouri have upheld and 
maintained the rights and interests of the South in this struggle, 
unassisted, and not unsuccessfully. But the abolitionists, staking 
their all upon the Kansas issue, and hesitating at no means, fair 
or foul, are moving heaven and earth to render that beautiful ter- 
ritory -A, free stated 

Early in the spring of 1856 President Pierce came forward 
still more actively in the cause of Missouri, and issued his procla- 
mation, the effect of which would be to sustain their violent con- 
quests by the federal troops. Pierce, by his territorial appoint- 
ments, had already done a great deal for this " holy alliance," 
but no more than he had contracted to do ; for Senator Atchison 
stated, in the company of several persons, on board a boat on the 
Missouri river, that " Presideiit Pierce had done no more than he 
had a right to do, for he had given pledges before he received his 
nomination at Baltimore, that he loould give all his injluerice 
toivards making Kansas a slave stated This pledge the Presi- 
dent has faithfully kept. Missouri had several other allies, even 



BIARSHAL DONALDSON DECLARES WAR. 265 

in the free states, prior to this time ; but their valuable assistance 
the Lafayette circular shabbily ignores. 

In the spring of 1856 Missouri received a fresh supply of ac- 
tive allies. Col. Buford, a Southern adventurer from Alabama, 
brought up the Missouri river, in April, a regiment of young men, 
from Alabama, and Carolina, and Georgia. These adventurers 
were armed, and came in military companies. They came for the 
avowed purpose of making Kansas a slave state by violence, if 
necessary, and returning after this had been accomplished. Many 
of them were poor young men, but well connected; dependent 
members of the decaying Southern aristocracy, — a numerous class, 
who can be dispensed with by the South unless in case of servile 
war. But the larger portion of these carpet-bag adventurers 
were reckless characters, from the vilest purlieus of society ; men 
who had been robbers and gambling loafers, and whose lawless 
character well suited them for the task they were to perform. As 
an illustration, these gentry robbed Buford himself of a considera- , 
ble sum of money while coming up the river ; and they got into 
disgrace, even amongst the Missourians they were called to aid, by 
their depredations. 

Shortly after their arrival in Kansas city. Mo., they were drawn 
up in military array, in a sort of review. Here speeches were 
delivered about their mission to conquer Kansas for slavery, and 
Buford, in order to give his expedition a specious appearance at 
the East, made a prayer to them, which was an odd mixture of 
hypocrisy and blasphemy. These men were there called to sign a 
pledge and give an oath that they would not leave Kansas until it 
was made a slave state; that they would be ready to fight for 
" Southern rights " when called upon, and that they should never 
vote anything but the pro-slavery ticket, and should be subject 
to the direction of their leaders, etc. There was also a business 
.contract between them, the terms of which, as promulgated at 
Kansas city, gave great dissatisfaction, the young adventurers 
declaring them different and less favorable than the promises by 
which they had been lured from their homes. The promise ex- 
torted from them, of voting the pro-slavery ticket, may seem un- 
necessary ; but there was a considerable number of the poorer 
2g 



266 THE CONQUEST OF KANSAS. 

classes, who had been to the territory from slave states, formerly, 
who had become free-state men. 

It must not be supposed that all of this regiment were vicious 
characters. Some amiable and high-minded young men came with 
them ; but most of those deserted and went back, disgusted with 
their associates, and sick of the duties entailed on them by the 
pro-slavery conquest. Some of those who remained were what 
would claim to be gentlemen at home, but either deeply identified 
with the slave-property interests, or prejudiced in favor of the 
institution to such an extent that they were prepared to go any 
length to accomplish their object. 

For some time these young Southerners were quartered at dif- 
ferent points in Missouri near the territorial frontier. Here they 
were sustained partly by means sent to them from the South, and 
partly by contributions from the people of Missouri. As a great 
many of the merchants and business men in western Missouri had 
no interest in the system of slavery, and at heart disapproved of 
this course of lawless violence, they failed to subscribe their quota, 
when a tax was levied in Westport, and other western Missouri 
towns, for the purpose of sustaining the Kansas war. 

As Sheriff Jones was unable to attend to his duties, his dep- 
uty, Sam Salters, undertook the arduous duties devolving, in the 
progress of " law and order," on the Sheriff of Douglas County. 
With a party of dragoons at his heels, he rode backwards and for- 
wards over the county, making, or trying to make, or pretending 
he wished to make, arrests. One lady ordered him not to come 
into her house, and threw some scalding water on him when he 
tried to do so. Some of the men whom he declared that he wished 
to arrest, had to leave their homes, and sleep in thickets and in 
prairies, to avoid this legal persecution. Armed bands of the 
Southerners now began to come into the territory, and not only 
Salters but all of the territorial officials were soon in full com* 
munion with them. As citizens were often molested and stopped 
by these persons, the following is a pass given by this redoubtable 
Sam Salters to a law and order man, who found it necessary to 
travel : 



MARSHAL DONALDSON DECLARES WAR. 267 

" Let this man pass i no Mm two be a Tiaio and abidin Sitti- 
sen. (Signed), Samuel Salters, 

" dej/y sherf.^^ 

Ks will be seen, the deputy sheriff is not liable to any of the 
anathemas pronounced against the "scribes." Like Jones, he was 
a man of powerful and robust frame, though much coarser and 
inore vulgar. Jones is not at all remarkable for his scholastic 
attainments. Both of these men were addicted to excessive drink- 
ing; they gambled, and in other respects were far from exem- 
plary. 

Amongst the Southerners who came into the territory at the 
time of which I write, was a Georgian named Fain. This man 
was appointed by U. S. Marshal Donaldson as one of his depu- 
ties. This man, Fain, in spite of the noise he has made in the 
world, is, so far as education or talent is concerned, a very insig- 
nificant character; an apt illustration of the statement once made 
by a letter-writer in the West, who wished his friends to emigrate 
thither, " Mighty mean men get in office out here." Donaldson 
himself, although a federal appointee, is a comparatively illiterate 
and uninformed man, and, judging from the manner of acting in 
his official capacity, totally devoid of the legal knowledge neces- 
sary to dignify his office. He is an Illinoisian. He is a man 
past middle age, of coarse, unintellectual face, and, from his looks, 
ought never to have held a station above that of town constable ; 
he would not have been too well qualified for that. 

The committee were in session at the town of Tecumseh, and 
the First District Court of the United States for Kansas Territory 
was in session (being the adjourned April term), in the early part 
of May, 1856. A rumor prevailed that indictments for usurping 
office, and other state crimes, were being drawn up by the grand 
jury. Judge Lecompte, at the opening of the court, delivered a 
most remarkable charge to the grand jury, in which he specified 
that they should indict those persons for certain offences. He 
urged the grand jury to do so, and not to be deterred by the 
fear that the laws -of the territory or the process under such cir- 
cumstances would not be executed ; assuring them that there would 
be force to execute them. He also told them they must not hesl- 



268 THE CONQUEST OF KANSAS. 

tate to indict these persons because they were sincere in their 
opinions, and cited the early witchcrafc history of Massachusetts, 
to prove the impropriety of being regulated by sincerity. The 
following extract from the report of his charge contains its most 
striking feature, and shows to what uses the federal courts and 
officers in the territory were put: 

"Gentlemen : You are assembled to consider whatever infringe- 
ments of law may come under your notice, and bring in bills as 
your judgment dictates against those whom you may find to have 
been guilty of such infringement. Your attention will naturally 
be turned toward an unlawful, and before unheard-of organization, 
that has been formed in our midst, for the purpose of resisting the 
laws of the United States. The exciting state of affiiirs makes it 
important that you should deliberate calmly, and above all have 
respect to the oaths that you have taken, and withont fear or favor 
of any party of men, whether high or low, to mete to all the 
justice which is their due. You will take into consideration the 
cases of men who are dubbed governors, men wlio are dubbed lieu- 
tenant-governors, men who are dubbed secretaries and treasurers, 
and men who are dubbed all the various other dubbs with which 
this territory is filling (and there are such men), and will find 
bills in accordance with the following instructions." [I give below 
his exact words,] " This territory was organized by an act of Con- 
gress, and so far its authority is from the United States. It has 
a Legislature elected in pursuance of that organic act. This Leg- 
islature, being an instrument of Congress, by which it governs the 
territory, has passed laws ; these laws, therefore, are of United 
States authority and making " [that is, the United States makes 
laws by proxy, employing the borderers of Missouri to make the 
laws, inasmuch as being away out West it is inconvenient for her 
to come herself. This is the meanino; that I deduce from the 
judge's opinion], "and all that resist these laws resist the power 
and authority of the United States, and are, therefore, guilty of 
high treason. Now, gentlemen, if you find that any persons have 
re^istcd these laws, then must you, under your oaths, find bills 
against such persons for high treason. If you find that do such 



MARSHAL DONALDSON DECLARES V/AR. 269 

resistance has been made, but that combinations have been formed 
for the purpose of resisting them, and individuals of influence and 
notoriety have been aiding and abetting in" such combinations, then 
must you still find bills for constructive treason, as the courts 
have decided that to constitute treason the blow need not be struck, 
but only the intention be made evident." 

Besides these recommendations to indict the persons elected to 
future state offices under the state movement, the grand jury in 
question, under the instructions of Judge Lecompte, made the 
following presentment. It is proper to add that this step was not 
taken until a force of Missouriaus and the Buford regiment were 
around Lawrence, as a marshal's posse, threatening to destroy it : 

" The grand jury, sitting for the adjourned term of the First Dis- 
trict Court in and for the County of Douglas, in the Territory of 
Kansas, beg leave to report to the. honorable Court that, from evi- 
dence laid before them showing that the newspaper known as The 
Herald of Freedom, published at the town of Lawrence, has from 
time to time issued publications of the most inflammatory and sedi- 
tious character, denying the legality of the territorial authorities^ 
addressing and commanding forcible resistance to the same, demor- 
alizing the popular mind, and rendering life and property unsafe, 
even to the extent of advising assassination as a last resort ; 

" Also, that the paper known as The Kansas Free State has 
been similarly engaged, and has recently reported the resolutions 
of a public meeting in Johnson County, in this territory, in which 
resistance to the territorial laws even unto blood has been agreed 
upon ; and that we respectfully recommend their abatement as a 
nuisance. Also, that we are satisfied that the building known as 
the ' Free-State Hotel ' in Lawrence has been constructed with 
the view to military occupation and defence, regularly parapeted 
and portholed for the use of cannon and small arms, and could only 
have been designed as a stronghold of resistance to law, thereby 
.endangering the public safety, and encouraging rebellion and 
sedition in this country ; and respectfully recommend that steps be 
taken whereby this nuisance may be removed. 

" Owen C. Stewaut, Foreman.''^ 
23* 



270 THE CONQUEST OF KANSAS. 

It was at this stage of affairs that an attempt was made against 
the person of Gov. Reeder, and, through him, against the com- 
mission of Congress. Gov. Reeder had been in attendance at 
Y/ashinofton with his certificate of votes received, and claiming; his 
seat as delegate from Kansas Territory. His claim, though not 
decided on, had been considered, and when the special commission 
was sent out to investigate matters Reeder was notified to attend 
its sittings as a party to. that investigation. 

I need not show here that Ileeder was intensely hated by the 
propaganda. His refusal to aid them in their nefarious schemes, 
and his efforts in behalf of the people of Kansas, had made him 
a formidable enemy. Threats of assassinating him were current, 
and the border ruffians, who had already given frightful evidences 
of their sincerity, declared that he should never leave Kansas 
alive. Gov. Reeder had "been indefatigable in his efforts before 
the committee, and his knowledge of the territorj^ made him emi- 
nently useful to its investigations. 

On the morning of the 7th of May Mr. Faiu presented a paper 
to Gov. Rceder at the hotel at Tecumseh. It purported, on part 
explanation of Fain, to be a subpoena- requiring the presence of 
Reeder at Lecompton to testify before the grand jury. Fain 
claimed to be deputy marshal. I was conversing with Gov. 
Reeder when the paper in question was presented, and can state 
distinctly what passed. Reeder examined the paper, and asked 
some explanations regarding it from Fain. He then said that he 
was engaged with the congressional committee on its citation, and 
that his presence was all-important (as it was). He said that his 
residence in Douglas County had been too recent and temporary 
for him to be of any service to the jury in matters of which they 
had cognizance. The governor added that the paper in question 
purporting to be a subpoena was altogether irregular, and did not 
show its authority on its face. He folded it up, and put it in his 
pocket, telling Mr. Fain that if he could have spared the time he 
would have complied in any case, waiving the question of privi- 
lege and the informalities in the service ; but he was persuaded he 
could be of no possible service to the grand jury, and the interests 
at stake before the committee were too important to be neglected. 



MARSHAL D0NALDh30N DECLARES WAR. 2T1 

Deputy Fain, who seemed to anticipate such aa answer, left 
the room and returned to Lecompton. 

Next day, according to previous notice and arrangement, the 
committee of investigation was in Lawrence, and engaged in their 
duties. In the afternoon Deputy Fain, accompanied by several 
other persons, came into the room, and presented a paper to Ptceder, 
which was a writ for his arrest for contempt of court. 

Gov. E-eeder begged the indulgence of the other gentlemen of 
the committee for a moment to a private matter, v/hen he 
stated to them the affair relative to the subpo3na, and claimed 
iiis right of exemption from such arrest under the constitution, 
both as contestant delegate and as cited before this committee of 
investio-ation. 

The committee, after a short consultation, stated that they had 
nothing to decide, as they were not a court for the adjudication of 
such a matter. As individuals the members of the committee 
expressed their opinion. Mr. Howard, chairman of the committee, 
said he had no doubt but that Beeder was entitled to his privi- 
lege, but that was a point for him to maintain himself. Mr. 
Howard added that he supposed that this was not an attempt to 
insult or interrupt the commission. He scarcely thought it could 
be so. If it was, qt the commission was thus to be molested, it 
had power to call to its aid a sufficient force, and send the party 
thus disturbino; them to Washington under such charge. 

o c o 

Mr. Sherman also took the same position, reading from the 
constitution, and in a clear and lucid manner explaining the rights 
of the respective parties. 

Mr. Oliver dissented from this opinion. He thought the court 
in question had a right to arrest Keeder. 

Gov. Keeder then addressed Fain in a firm, but calm and 
steady voice. He was sitting in the chair he occupied at the 
table of the commission where he had been when Fain entered. 
He told Fain that he claimed his privilege of exemption for 
several reasons. His presence was important to the committee. 
He had reason to believe that the object was merely to take him 
from the committee, so as to interfere with its labors. He said he 
had also reason to believe he was not personally safe in Lecouip- 



272 THE CONQUEST OF KANSAS. 

ton, as he had received letters containing intimations of assassi- 
nation. For these and other reasons lleeder told Deputy Fain 
that he would not go with him ; that he did not recognize his right 
to arrest him; if he did so it must be at his peril; and that in 
case of loss he would have no cause of action ; or of bodily injury, 
no legal remedy. 

Having delivered himself thus, Fain, who was merely the tool of 
others, and who was altogether incapable of deporting himself in 
such position with proper dignity, shook his head in a half-persua- 
sive half-threatening manner, and in a weak, childish voice said : 

" You had better go — you had better go." 

" 0," rejoined E-eeder coolly, "perhaps I better had.^'' Fain 
and his companions immediately left the room. 

There were about thirty persons in the apartment at the time of 
this occurrence. It was a small room, some sixteen by eighteen 
feet. When Reeder gave his decision five or six of the persons 
present expressed their approbation ; but they were immediately 
called to order by the sergeant-at-arms. 

Simple as this matter might appear, and trivial as a cause of 
public disturbance, it led the way to important occurrences, and 
had been fully calculated by those who now wished to attack the 
people of Lawrence and Kansas Territory. ^. 

Fain, as I have stated, was a Georgian; and, instead of 
returning directly to Lecompton to report himself to his superiors, 
he went down to Franklin, where at that time a band of Southern- 
ers, under Capt. Moon, were stationed. There the alarm was 
given, and soon scouts were sent to Missouri to gather in the 
Southerners still stationed there. 

It was about this time that a great misfortune for the territory 
occurred. In spite of the past experience, many men in Law- 
rence and around it persisted in believing that, if all causes of 
offence were removed, those who menaced the place would not 
proceed to extremities against it. It was the intention of the 
free-state men that they should not, if possible, be forced into 
hostilities until the Legislature met in July. It was known that 
the territory was not sufficiently prepared for hostilities. Arms 
and ammunition were lacking, and the men were not drilled. 



MARSHAL DONALDSON DECLARES WAR. 273 

Before the difficulties above iiarratcd had occurred, it had been 
determined that Governor Robinson should go to the North and 
East, and endeavor to secure what was needed to meet the im- 
pending struggle. From the information that reached the ter- 
ritory through, reliable channels, it was known that the governors 
and officers of many of the Southern States had given their pledge 
to the Missourians, who were leading the contest, that they would 
sustain them in it, come what might. Under such circumstances, 
and with the prospect of a bloody civil war, Charles Robinson, as 
governor of the new state, could not but feel the responsibility of 
exposing those he had thus been called on to protect, to such a 
hazard, without having assurances that Kansas would be sustained 
in case of such a death-straggle. The most important part of his 
mission from Kansas was to get pledges, from those whose influ- 
ence would give their pledges weight, that Kansas, if she had the 
nerve to meet the crisis and defy her conquerors, should not be 
left to perish alone, if the South sent forces into the territory 
to crush her. 

Startling: though all these asiDeets of the case mi^bt be, 
they were its true aspects, and the dangers feared would in all 
human probability be encountered. To provide against them, 
without anticipating them, — to array the North against the 
South, (only to have some guarantee of support in case the 
South did take the field), — was far too important a consideration 
to be neglected. 

When the threatened disturbance, arising from the attempted 
arrest of Reeder, occurred. Governor Robinson had just been on 
the point of starting, so as to transact the business required, and 
return before July. When the threats of the deputy marshal 
made the prospect of a fight probable, Robinson declined to go. 
In this situation his friends urged him to leave, as his mission was 
important, and it was not deemed likely that any difficulty would 
grow out of the present affair that could nob be averted. Besides 
the members of the committee of Congress urged him to take with 
bim a part of the testimony. There had been a conspiracy to 
destroy this, as tlie border ruffians were determined that it should 
never leave the territory. Mrs. Sherman, who had accompanied 



274 THE CONQUEST OF KANSAS. 

her husband- to Kansas, was to have returned in company of Mrs. 
Robinson, and taken a duplicate of the testimony with her ; but, 
by indisposition, Mrs. Sherman was prevented from leaving, and 
Mrs. Robinson had the package entrusted to her charge, as she was 
to accompany her husband. 

Thus it was that Governor Robinson was persuaded to leave 
Kansas at that moment ; and yet it was very reluctantly on his 
part. He did not think the threatened difficulty was one which 
could not be averted, but he felt keenly at leaving with such a 
possibility. 

But he was not permitted to depart. He had travelled with- 
out concealment or disguise, as people have a right to travel on a 
great national thoroughfare. When at Lexington, Mo., he was 
violently and illegally seized by a mob of Missourians. Mrs. 
Robinson travelled with him, and the following is her account 
of the occurrence, penned shortly after : 

" St. Louis, Tuesday, May 12, 1856. 
" As Governor Robinson and m^^self were passing down the 
Missouri river, on our way to St. Louis, and further East, upon 
affairs of business, we were taken off the boat at Lexington, at the 
instigation of lawless men, they pretending that Governor Robin- 
son was fleeing from an indictment. He assured the gentlemen, 
some eight or ten in number, who gathered about our state-room 
door, opening upon the guard, that such was not the case ; that he 
had heard of no indictment ; that his whereabouts, whether in 
Lawrence or elsewhere, were at all times known ; that if the mar- 
shal had desired to serve such a process upon him he could have 
easily done so, and he should have suffered no resistance. He 
told them also that he would never think to escape for an indict- 
ment for any political offence ; and, had he been doing so, of all 
places he would have avoided the Missouri river and Lexington. 
Upon the statement of a gentleman, that the delay in consenting 
to leave the boat, as the crowd had found the bar, and were 
drinking freely, only added to Governor Robinson's danger of 
personal violence, he said, ' Let me see the crowd, and I can 
shortly convince them that lam not running from an arrest ; then 



MARSHAL DONALDSON DECLARES WAR. 275 

I can continue on my journey.' To which the reply was given to 
the effect that he would be in immediate dano;er of mob violence. 
It was also insisted upon, as a means of safety, that we pass out 
on the guard, in leaving the boat, while the exasperated people, a 
' cabin full ' of them, should be unaware of our departure. A 
carriage was in readiness to take us to the town. We were 
quartered in the house of a Mr. Sawyer, who kindly offered his 
house as a place of safety, the night-guard about the house alone 
reminding us of the fact that Grovernor Robinson was a prisoner. 
I omitted to mention, in its proper place, that the gentlemen upon 
first coming to the state-room said they had been talking to the 
crowd for fifteen minutes, trying to persuade them to leave the 
boat, but that none would be satisfied unless he remained in Lex- 
ington until they could learn whether an indictment was out 
against him ; while others cried, * Drag him out.' To Governor 
Kobinson's suggestion that, if he was running away from an 
arrest, he could see no grounds for another state to interfere, one 
of the gentleman replied, ' He did not wish to get into an argu- 
ment,' etc. Grovernor Eobinson is retained a prisoner, while I am 
allowed to pass on. 

" I make this statement that the true state of the case may be 
known. Sara T. D. Eobinson." 

Mrs. Robinson, while she is a quiet and unassuming lady, is as 
resolute as she is high-minded and intelligent. She went on with 
the testimony, and attended to the other business of her husband 
as far as she could, and then hurried back to rejoin him in cap- 
tivity. 

Shortly after Governor Robinson left Lawrence, ex-Governor 
Reeder was also induced to leave. I have little doubt but he was 
urged to do so by the members of the committee. They regarded 
him as the stumbling-block, and while this was merely an apology 
for attack, the members of the commission wished nothincy to 
occur that would put a stop to their important investigation. 
Reeder left in disguise, and, after being concealed for two weeks 
in the Kansas City Hotel, succeeded in making his escape down 



276 THE CONQUEST OF KANSAS. 

the river as a deck hand on board the boat. His private secretary, 
Mr. Lowry, accompanied him. 

Shortly after, the Commission of Congress adjourned from 
Lawrence to Leavenworth. On account of the aspect of affairs, 
which ever}' day grew more threatening, several citizens had 
requested of them to sta>' and use their influence to defend the 
place. Had the military force been placed at their disposal, as 
the resolution of the House of Congress designed, they would prob- 
ably have done so. But the executive of the general government 
had intentionally refused to afford this protection to the com- 
mittee. It was therefore that the committee left Lawrence while 
the danger impended. 

On t!ie 11th of May, Donaldson, U. S. Marshal, issued the 
following singular proclamation, which was soon circulated in all 
the pro-slavery neighborhoods, and in Missouri. No copies of it 
were sent by the marshal to Lawrence, or to any free-state town 
or neighborhood, and, as a consequence, but few of them were 
circulated in the territory. 

" PROCLAMATION. 

"To THE People of Kansas Territory: 

" Whereas, certain judicial writs of arrest have been directed to 
me by the First District Court of the United States, etc., to be 
executed within the County of Douglas, and whereas an attempt 
to execute them by the United States Deputy Marshal was evi- 
dently resisted by a large number of the citizens of Lawrence, 
and as there is every reason to believe that any attempt to execute 
these writs will be resisted by a large body of armed men ; now, 
therefore, the law-abiding citizens of the territory are commanded 
to be and appear at Lecompton, as soon as practicable, and in 
numbers sufficient for the execution of the law. 

" Given under my hand this 11th day of 3Iay, 1856. 

" J. B. Donaldson, 
^'United States Marshal for Kaiisas Territory.''^ 

"P. S. No liability for expenses will be incurred by the 
United States until its consent is obtained. 

"J. B. D.,U. S. M." 



MAEi5nAL DONALDSON DECLARES WAR. 277 

Prior to the issue of this proclamation, the Southern regiment, 
who doubtless anticipated it, had come up in armed bands into 
the territory", and were committing depredations, and stopping and 
molesting people, and made threats that thej were going to 
destroy Lawrence. On this account, the following letter was 
called out : 

" LAWKE^-CE City, May 11/A, 1856. 
" To His Excellency, Wilson Shannon, Governor of Kansas 

Territory — 

" Dear Sir : The undersigned are charged with the duty of 
communicating to your Excellency the following preamble and 
resolution, adopted at a public meeting of the citizens of this 
place at seven o'clock last evening, viz. : 

" ' Whereas, we have the most reliable information from vari- 
ous parts of the territory, and the adjoining State of Missouri, of 
the organization of guerilla bands, vs'ho threaten the destruction 
of our town and its citizens ; therefore, 

" ' Resolved, That Messrs. Topliff, Hutchinson and Roberts, con- 
stitute a committee to inform his Excellency of these facts, and to 
call upon him, in the name of the people of Lawrence, for pro- 
tection against such bands, by the United States troops at his 
disposal.' 

" All of which is very respectfiilly submitted, etc. 

" C. W. Topliff, 

" W. Y. EOBERTS, 
r 

"John Hutchinson." 

On receiving this letter Governor Shannon held a consultation 
with the pro-slavery leaders at Lecompton. This council was not 
confined to the federal officers, although all of these were pro- 
slavery over the ej'es. Buford and Colonel Titus, the one a 
recently-imported Alabamian, and the other from Florida, and 
sevS^'al others of the avowed conquerors of Kansas, were admitted 
into that executive conclave. The followins; ambifijuous, but dis- 
creditable letter was the product : 
24 



278 THE CONQUEST OF KANSAS. 

*' Executive Office, May 12, 1856. > 
Lecompton, K. T. S 

" Gentlemen : Your note of the eleventli inst. is received, and, 
in reply, I have to state that there is no force around or ap- 
proaching Lawrence, except the legally constituted posse of the 
United States Marshal and Sheriif of Douglas County, each of 
whom, I am informed, have a number of writs in their hands for 
execution against persons now in Lawrence. I shall in no way 
interfere with either of these officers in the discharge of their 
official duties. 

" If the citizens of Lawrence submit themselves to the territorial 
laws, and aid and assist the Marshal and Sheriff in the execution 
of processes in their hands, as all good citizens are bound to do 
when called on, they, or all such vrili entitle themselves to the 
protection of the law. But so long as they keep up a military 
or armed oro-anization to resist the territorial laws and the officers 
charged with their execution, I shall not interpose to save them 
from the legitimate consequences of their illegal acts. 

" I have the honor to be yours, with great respect, 

" Wilson Shannon. 
" Messrs. C. W. Topliff, John Hutchinson, W. Y. Roberts." 

This harsh and partisan letter from the governor, under such 
circumstances, could not be regarded as anything short of a 
declaration of war. 

As the citizens of Lawrence were anxious to avert troubles, if 
possible, a meeting was held, and the following action taken : 

" Whereas, by a nroclamation to the people of Kansas Ter- 
ritory, by J. B. Donaldson, United States Marshal for said ter- 
ritory, issued on the 11th day of May, 1856, it is alleged that 
' Certain judicial writs of arrest have been directed to him by the 
First District Court of the L^nited States, etc., to be executed 
within the County of Douglas, and that an attempt to execute 
them by the United States Deputy Marshal was violently resisted 
by a large number of the citizens of Lawrence, and that there is 
every reason to believe that any attempt to execute said writs 
will be resisted by a large body of armed men ;' tlunefore, 



MARSHAL DONALDSON DECLARES WAR. 279 

" Resolved, By this public meeting of the citizens of Lawrence, 
held this thirteenth day of May, 1856, that the allegations and 
charges against us, contained in the aforesaid proclamation, are 
wholly untrue in fact, and the conclusion which is drawn from 
them. The aforesaid deputy marshal was resisted in no manner 
whatever, nor by any person whatever, in the execution of said 
writs, except by him whose arrest the said deputy marshal was 
seeking to make. And that we now, as we have done heretofore, 
declare our willingness and determination, without resistance, to 
•acquiesce in the service upon us of any judicial writs against us 
by the United States Marshal for Kansas Territory, and will fur- 
nish him with a posse for that purpose, if so requested ; but that 
wc are ready to resist, if need be, unto death, the ravages and 
desolation of an invading mob. 

" J. A. Wakefield, Preside7it." 

These resolutions were forwarded to the marshal and to Gov- 
ernor Shannon. 

As I have said, the marshal never sent a copy of his proclama- 
tion to Lawrence. The copy that reached Lawrence was sent to 
me from Lecompton by one of my agents, and was received a few 
hours after it was issued. I carried it into the chamber of the 
Committee of Safety, which held a meeting that night. Its meet- 
ings were private. Several proposals were made, but the major- 
ity were unwilling to do anything. Lieutenant-Governor Roberts 
and Colonel Holiday were opposed to any defence being made. 
Holiday urged that it was a busy season, and the farmers could 
not be taken from their farms to sustain another siege at that 
season without great loss. Others urged that the merchants and 
business men had advanced provisions, stores, and goods, during 
the Wakarusa war, and had got pay only for a small part of it, 
and could not advance anything more to defend the place. 

Dietzler and several other members of the committee were in 
favor of defending the place against the marshal's posse. The 
discussion was vague, pointless, and unsatisfactory. There was 
no one to take the lead. One proposal was that efforts be made 
to see that three or four hundred men, armed only with pistols 



280 THE CONQUEST OF KANSAS. 

and other side-arms, should go to Lecompton, and offer themselves 
to Donaldson as his '• posse," in obedience to the proclamation, 
and demand from the governor a share of the public arms then at 
Lecompton. 

The committee determined that matters should go on. as they 
were. Roberts declared that he did not mean to go out of the 
territory, but should stay and be arrested. 

I mention these things because they show reasons why the 
impending stroke was permitted. Several of those who had advo- 
cated warlike measures left in disgust. The people, who, as a 
general thing, wanted the town to be defended, dispensed with the 
old committee, and elected a new one. The following are their 
names, composed in pai't of the first : William Y. Eoberts, Gr. W. 
Dietzler, Lyman Allen, John A. Perry, C. W. Babcock, S. B. 
Prentiss, A. H. Mallory, Joel G rover. A few days after its 
selection, Mr. S. C. Pomeroy arrived from the East, where he 
had been on the business of the Emigrant Aid Society, and was 
admitted as a member. 

A change of rulers does not always bring a change of policy ; 
this second committee was more pacific than the first, although 
selected by the people with the expectation that resistance might 
be made. In fact it was the federal authority employed that 
acted as a dead weight on them. 

Whether it was owing to the proclamation, or preconceive!^ 
arrangement. Marshal Donaldson's posse grew with frightful rapid- 
ity. The whole country was soon in a state of warlike confusion ; 
that is, as warlike as a country can be when the demonstrations are 
all on one side. As the molestation of travellers was frequent 
another meeting was held, of which Dietzler was chairman, and 
J. H. Green secretary. This meeting passed resolutions similar 
to those adopted at the first meeting. These resolutions were 
sent to Lecompton with the following letter, which was signed by 
Robert Morrow, Lyman Allen, and Jno. Hutchinson : 

" Lawrence, Ji'fay 14, 1856. 
"J. B. Donaldson, U. S. Marshal for K. T. — 

*' Deaii Sir : We have seen a proclamation issued by yourself, 
dated 11th May, inst., and also have reliable information this 



MARSHAL DONALDSON DECLARES WAR. 281 

morning that large bodies of armed men, in pursuance of your 
proclamation, have assembled in the vicinity of Lawrence. That 
there may be no misunderstanding, we ask, respectfully, that we 
be reliably informed what are the demands against us. We 
desire to state, most truthfully and earnestly, that no opposition 
whatever will now, or at any future time, be offered to the execu- 
tion of any legal process by yourself, or any person acting for 
you. We also pledge ourselves to assist you, if called upon, in 
the execution of any legal process. 

" Yfe declare ourselves to be order-loving and law-abiding citi- 
zens ; and only await an opportunity to testify our fidelity to the 
laws of the country, the constitution, and the Union. 

" We are informed, also, that those men collecting about Law- 
rence openly declare that it is their intention to destroy the town 
and drive oil the citizens. Of course we do not believe you give 
any countenance to such threats ; but, in view of the excited state 
of the public mind, we ask protection of the constituted author- 
ities of the government, declaring ourselves in readiness to coop- 
erate with them for the maintenance of the peace, order, and 
quiet, of the community in which we live." 

To this Marshal Donaldson sent the following reply, m which 
an officer, under circumstances of the utmost importance, descends 
to sneering insults and irony, and treats the people, he should have 
protected, as enemies : 

" Office or the United States Marshal, ) 
Lecompton, K. T., Mcnj 15, 1856. 5 
" Messrs. Gr. W. Dietzler and J. H. Green, Lawrence, K. T. — 
" On yesterday I received a communication addressed to me, 
signed by one of you as president, and the other as secretary, 
purporting to have been adopted by a meeting of the citizens 
of Lawrence, held on yesterday morning. After speaking of a 
proclamation issued by myself, you state, ' that there may be no 
misunderstanding, we beg leave to ask, respectfully, that we may 
be reliably informed what are the demands against us? We de- 
sire most truthfully and earnestly to declare that no opposition 
whatever will now, or at any future time, be offered to the exe- 
2-1* 



282 THE CONQUEST OF KANSAS. 

cution of any legal process by yourself, or any person acting for 
you. We also pledge ourselves to assist jon, if called upon, in 
the execution of any legal process,' etc. 

" From your professed ignorance of the demands against you, 
I must conclude that you are stra?iffers, not citizens^ of Lawrence, 
or of recent date, or been absent for some time ; more particularly 
when an attempt was made by my deputy to execute the process 
of the First District Court of the United States for Kansas Ter- 
ritory against ex-Governor Reeder, when he made a speech in the 
room and presence of the Congressional Committee, and denied 
the authority and power of said court, and threatened the life of 
said deputy if he attempted to execute said process ; which speech 
and defiant threats were loudly applauded by some one or two of 
the citizens of Lawrence, who had assembled at the room on learn- 
ing the business of the marshal, and made such hostile demon- 
strations that the deputy thought he and his small posse would 
endanger their lives in executing said process. 

" Your declaration, that you ' will truthfully and earnestly ojffer 
no opposition now, nor at any future time, to the execution of any 
legal process,' etc., is, indeed, difficult to understand. May I ask, 
gentlemen, what has produced this wonderful change in the minds 
of the people of Lawrence? Have^heir eyes been suddenly 
opened so that they are now able to see that there are laws in 
force in Kansas Territory that should be obeyed ? Or is it that 
just now those for whom I have writs have sought refuge else- 
where ? Or it may possibly be that you, now, as heretofore, 
expect to screen yourselves behind the word * legal,' so signifi- 
cantly used by you. How am I to rely on your pledges, when I 
am well aware that the whole population is armed and drilled, and 
the whole town fortified ; when, too, I recollect the meetings and 
resolutions adopted in Lawrence, and elsewhere in the territorj'-, 
openly defying the law and the officers thereof, and threatening to 
resist the same to a bloody issue, and recently verified in the at- 
tempted assassination of Sherifi" Jones while in the discharge of 
his official duties in Lawrence ? Are you strangers to all these 
things? Surely you must be strangers in Lawrence ! If no out- 
rages have been committed by the outlaws in Liiwreucc against 



MAllSITAL DONALDSON DECLARES WAR. 283 

the laws of the land, they need not fear any posse of mine. But 
I must take the liberty of executing all processes in my hands, as 
the United States Marshal, in my own time and manner, and shall 
only use such power as is authorized by law. You say you call 
upon the constituted authorities of the government for protection. 
This, indeed, sounds strange from a large body of men armed with 
Sharpe's rifles, and other implements of war, bound together by 
oaths and pledges, to resist the laws of the government they call 
on for protection. All persons in Kansas Territory, without re- 
gard to location, who honestly submit to the constituted author- 
ities, will ever find me ready to aid in protecting them ; and all 
who seek to resist the laws of the land, and turn traitors to their 
country, will find me aiding and enforcing the laws, if not as an 
officer as a citizen. " Kespectfully yours, 

"J. B. Donaldson, 

" U. S. Marshal of K T." 

It is but justice to Donaldson to say that he did not write that 
letter, for he could not. Some border ruffian scribe, of unusual 
malignity and literary excellence, most certainly penned it. 

In the early part of this difficulty Captain Walker, a free-state 
captain of volunteers, had been sent with a letter to Lecompton. 
On his return he was pursued by these Southerners and fired upon. 
Messrs. Babcock, lloberts, and Mr. Miller, former editor of the 
Free State, went up to Lecompton to see the governor, and try to 
get the matter arranged. They failed, of course. On their return 
they were waylaid, when but a short distance from Lecompton, by 
a band of South Carolinians, who took Mr. Miller prisoner. These 
men were part of the posse. 

Mr. Miller was originally from South Carolina ; and, as he had 
ventured to be a free-state man in Kansas, they made up what they 
were pleased to consider a court from amongst their own number, 
and, placing Mr. Miller before it, tried him for treason to South 
Carolina. After a hard effort some of the Carolinians, who knew 
him, and felt friendly, contrived to prevent his being hung, 
although he was found guilty. He got off after losing his horse 
and money. 



284 THE CONQUEST OF KANSAS. 

It was about the same time that Mr. Weaver, a sergeant-at- 
arms of the Kansas Commission, was arrested while in the dis- 
charge of his duty, and taken across the Kansas river into the 
South Carolina camp, which formed part of Marshal Farin's posse. 
Mr. Weaver, when taken, was travelling in company with a dra- 
goon he had met on the way. The dragoon was also taken. They 
questioned this blue-jacketed and yellow-trimmed hero, as to 
" What the devil he meant by riding through the country with a 
d — d abolitionist ? " Thinking it now safe, they concluded to 
let the dragoon go, but kept Mr. Weaver. This gentleman showed 
his papers, and wished to be released, as he was a United States 
officer. His papers got a very critical examination before the 
captain first; then something that passed for a major, and finally 
every ruffian, gentle or simple, had to have a peep at them. All 
this investigation did not procure his liberation. He was taken 
to the head-quarters of the chief Carolinian then in command, a 
Colonel Wilkes. This colonel hunted up a General Craimes, 
whom he got to help him in the investigation. After giving 
Weaver's papers a thorough and critical investigation, the colonel, 
with his general, pronounced them *' all very good," and expressed 
as their opinion that he ought to be permitted to pass. On the 
request of Weaver, a pass was given him, so that he could get 
through all armed parties he would meet. This document was 
signed '« Warren D. Wilkes, of South Carolina." The colonel 
very considerately suggested to Mr. Weaver that, if he was hailed 
by any party, he had better answer promptly; otherwise he 
might be shot. 

The following is a copy of another letter sent by the people of 
. Lawrence to Lecompton : 

" Lawrence, K. T., Mmj 17, 185G. 
" J. B. Donaldson, U. S. Marshal of K. T. ~ 

"Dear Sir: We desire to call your attention, as citizens of 
Kansas, to the fact that a large force of armed men have collected 
m the vicinity of Lawrence, and are engaged in committing depre- 
dation.-^ upon our citizens ; stopping wagons, arresting, threatening, 
and robbing unoffending travellers upon the highway, breaking 
open boxes of merchandise, and appropriating their contents; 



MARSHAL DONALDSON DECLAEES WAR. 285 

have slaughtered cattle, and terrified many of the women and 
children. 

" Vie have also learned from Governor Shannon, ' that there 
are no armed forces in the vicinit}'" of this place but the regularly 
constituted militia of the territory ;' — this is to ask if you recognize 
them as your posse, and fael responsible for their acts. If you do 
not, we hope and trust you will prevent a repetition of such acts, 
and give peace to the settlers. 

" On behalf of the citizens, 

" C. W. Babcock, 
" Lyman Allen, 
"J. A. Perry." 

To this letter the marshal did not deem it necessary to reply. 

An armed force was thus concentrating round Lawrence. Their 
camps and posts were drawing nearer and nearer. Missourians, 
fresh from diiFerent parts of the state, and some of them pretend- 
ing to be Georo-ians, were collected close to Lawrence, and threat- 
ened the town with destruction. They stole, or, as they expressed 
it, " pressed " all the horses belonging to free-state men that they 
could find. A large number of valuable horses were taken around 
Lawrence in this way. Cattle were taken from the settlers and 
'driven into the camp for beef Property of all kinds, especially 
arms, they took whenever they got an opportunity. Mr. Stowell 
had gone down to Kansas city, Mo., after some fifty breech-load- 
ing guns of an old pattern. Queer-looking, alligator guns these 
were, for we recaptured some of them when the war broke out. 
While driving through the town of Franklin, on the way back at 
night, he was stopped by a party of Georgians, under Captain 
Moon, who searched the wagons and seized the guns. While 
they were attacking the wagons Mr. Stowell made his escape. 
This was an unfortunate afiair for the people of Lawrence, as arms 
were scarce. 

At the time these guns were taken the fight ought to have com- 
menced. They had been taken, without even the pretence of 
authority, on the highway, and the Lawrence companies cfiight to 
have marched down and retaken them. When the news of the 



286 THE CONQUEST OF KANSAS. 

capture was brought up thej were prepared to do so. Drums 
were beat and men mustered, but just as they were ready to start 
the Committee of Safety took the matter into consideration, and 
ordered that they should not go down. There were some bitter 
imprecations in Lawrence that night. 

Another more startling event occurred. A young man named 
Jones, who had emigrated to the territory from Illinois, was 
attacked, near Blanton's Bridge, by two of these young Southern- 
ers, belonging to the posse. Armed parties of these were scouring 
the county in all directions. Jones had been to a store to get 
some flour, which he had with him on the horse. He was close to 
a store at the end of the bridge, when they attacked him ; they 
were armed with United States muskets and bayonets. .These 
arms were Mississippi rifles, as they are called. They were public 
arms, belonging to the territory, in the charge of Governor Shan- 
non, and with his permission given to these young Southerners 
and Missourians, who formed the posse. 

AVhen Jones was attacked by these two men he dismounted and 
went into the store. While there they entered and attacked him. 
A person present in the store handed Jones a pistol, whereupon 
the men raised their pieces and threatened to shoot him unless he 
gave it up. The person in the store again got it, when an alter- 
cation between him and the two men ensued ; Jones left, got on 
his horse, and started for home. The two men followed him, swear- 
ing that the abolitionist should not escape. They fired at him ; he 
fell mortally wounded, and died during the day, or before next 
morning. The murderers immediately left. 

About noon the report of this occurrence reached Lawrence, and 
excited great indignation. A few young men, amongst whom was 
Mr. Stewart, formerly from the State of New York, and who had 
been employed as clerk by the codifying committee, a Mr. Cook, 
also of New York, Mr. Lenhart, and two others, started for Blan- 
ton's Bridge to see about it ; determined, if possible, to find the 
murderers. They were armed with Sharpe's rifles, and some of 
them had revolvers. They had gone but a short distance, and 
were just at the California road, a mile and a half from Lawrence, 
when thr^v saw two armed men ridinoj down the California road 



MARSHAL DONALDSON DECLARES WAR. 287 

in the direction of Franklin. The two roads are at right angles 
with each other, and the parties were likely to meet at the point 
where they cross. Stewart insisted on hailing them, and asking if 
they knew of the Jones affair, as perhaps they were the men. The 
others demurred to this, when Stewart said, " What did we come 
for ? Are we afraid to speak to these men ? " At this the young 
men, who were all mere boys, marched forward. 

When the men came forward Stewart asked where they were 
going? 

" Where we d — n please ! " was the reply. 

" Who, and what are you ? " said Stewart. 

" That 's none of your d — d business ! " was the reply, and both 
men, who were armed with Sharpe's rifles, raised them ; one of 
them took deliberate aim at Stewart, saying, " D — n you, I know 
who you are." The boys instantly raised their guns, and one of 
them attempted to shoot ; his cap bursting, the piece did not go off. 
At the same instant the two men fired, one of them shooting Stew- 
art through the head, the ball entering his temple and killing him 
instantly. He reeled an instant and fell dead on the road. All 
of the young men attempted to fire, but all their guns snapped. 
The two pro-slavery men rode off rapidly. Mr. Cook, finding his 
rifle would not go, drew his revolver and started after them, on 
foot, as fast as he could run, discharging his revolver at them. 
One of the men, the one who shot Stewart, was wounded in the 
arm, and dropped his Sharpe's rifle, which he had just loaded. 
Several of the pistol bullets went through their clothes. 

The young men lifted the body of their dead comrade and carried 
him back to Lawrence. None of the citizens had been aware of 
their enterprise, or its object, until the body was conveyed through 
the streets towards the Free-State Hotel. Mr. Eldridge was 
unwilling that it should be laid there, and it was taken to a house 
which had been used as a guard-house. Marshal Fain was in 
the Free-State Hotel at the time. 

All this time the citizens of Lawrence had made no preparations 
for defence, and, as the marshal, who had charge of the posse, 
was a United States officer, they determined to make none. The 
people clamored, and wished that the hordes of villains be driven 



288 THE CONQUEST OE KANSAS. 

back, but it was overruled. Companies were formed in different 
parts of the territory, and some of them marched towards Law- 
rence, but their services were refused by the comuiittee. 

By this time the enem3%*6till timorous, were concentrating their 
forces closer and closer to Lawrence, and ex-senator Atchison, 
with the Platte County Rifles and two brass cannon, was approach- 
ing the doomed town from the north, over the Delaware reserve. 

During the whole of this preparation against Lawrence, the 
most urgent appeals had been made to Colonel Sumner to defend 
the town ; not only by its citizens, but by members of the con- 
gressional committee, and other influential third parties. These 
were made in vain. 



CHAPTER XXI. 

SACKING OF LAWRENCE. 

The morning of the 21st of May, 1856, broke upon Lawrence 
tlirough a clear sky. It was neither to South Carolina nor Mis- 
souri that the leaders of the Kansas squatters had succumbed. 
President Pierce by his proclamation had made it treason for the 
people of Kansas to defend themselves. Federal officers, under 
the orders of a federal court, led on to Lawrence the army that 
was thirsting for its destruction. In such a case the people of 
Lawrence would have been justified in setting all federal law and 
authority at defiance, in falling back upon their right of self-pro- 
tection. So, many in and around Lawrence felt. " What is 
federal authority to us," they asked, " when it is drawn up to 
rob and murder us ? " But the conservative and trusting hoped on. 
They looked up to the glorious banner of their country, and thought 
that, under its folds, they surely were safe. " Let us offer no oppo- 
sition," they said, " and they will have no excuse for molesting us." 
" Let us yield obedience to these officers, corrupt though they be, 
and it will place these men under too much responsibility to attack 
us." Such were the deceptive words that lulled that " eternal 
vigilance," which is the " price of liberty," to rest. They forgot 
that corruption, engendered by devotion to party, and a dangerous, 
aspiring element in our government, had been blotting out true 
American republicanism. 

General Atchison had crossed the Kaw river at Lecompton, 
with the Platte County Rifles, and two pieces of artillery. The 
Kickapoo Rangers, under Captain Dunn (for Captain Martin 
refused to go wifth them), reinforced by all the loafers and wild 
pro-slavery men from Leavenworth and Weston, had marched for 
25 



290 THE CONQUEST OE KANSAS. 

the same point. General Stringfellow had crossed from Missouri 
to Atchison, and reinforced by his brother, the doctor (who 
is the more eminent of the two), and the infamous Bob Kelly, 
Stringfellow's law partner Abell, and several other pro-slavery 
men there, had gone to Lecompton. Colonel Boone, from West- 
port, with several other pro-slavery leaders from that place, and 
also from Liberty and Independence, at the head of bodies of 
armed men, or to take command of companies that had preceded 
them, marched across the frontiers a day or two before the twenty- 
first. On the evening of the twentieth Atchison and the String- 
fellows had reinforced the different camps under Colonel Wilkes, of 
Carolina, and Colonel Titus, of Florida, who were camped between 
Lecompton and Lawrence. At the same time the Missourians 
and their Southern allies from the eastern frontier were encamped 
at Franklin, on the other or south-eastern side of Lawrence, under 
Colonel Buford. The forces thus congregated numbered from 
five to eight hundred men. Part of these were mounted, part of 
them on foot. They were mostly armed, Missourians, Carolinians, 
Georgians, Alabamians and all, with Mississippi rifles and bayo- 
nets. These arms were United States arms ; they belonged to the 
territory, and were in charge of the federal appointees of Kansas. 
Besides the artillery brought by Atchison, there were other two 
pieces of cannon in the hands of these men. The camp towards 
Lecompton broke up before daylight on the twenty-first, and, under 
the command of Colonel Titus, marched for Lawrence. 

Shortly after sunrise the inhabitants of Lawrence saw the 
advanced guard of this army, some two hundred horsemen, drawn 
up on Mount Oread, on the highest point, some two hundred yards 
behind Governor llobinson's house. They were armed, as I have 
mentioned, and also in an irregular way, with revolvers and bowie- 
knives. These men had halted on the top of the hil], and looked 
down on Lawrence. The town was perfectly quiet. Its inhab- 
itants were shaking off their slumbers; those already astir were 
going quietly about their avocations. No guns were planted upon 
the embankments. No lines of riflemen were drawn up. The 
cry was, "Peace! peace! when there was no peace." There were 
but few men then in Lawrence ; for, when the committee decreed 



SACKING OF LAWRENCE. 291 

that there should be no resistance, many of the fighting men left 
the town, where they would only have been needlessly exposed. 
The few men then in town were without a tried leader, round 
whom they could rally. At that moment, 

" A leader in that hapless town 
Were worth a thousand men ! " 

7^ ^ 7fi Tp W^ 

" 0, for a blast of that dread horn 
On Fontarabia's deserts blown ! " 

But it was too late then. When the posse was thus seen col- 
lected on Mt. Oread there were some fluttering amongst timid 
hearts, recollections of bloody threats, and t!ie knowledge of the 
murderous wishes of their enemies. Groups began to cluster here 
and there in the streets, and many eyes were turned to the body 
of armed horsemen on the hill ; but there was no demonstration 
of resistance. 

About seven o'clock the posse moved forward from the high- 
est peak to the brow of the hill nearest the town, and Gov. Rob- 
inson's house was taken possession of for head-quarters. They 
then planted their cannon on the end of the hill overlooking the 
town, and pointed towards it. This was long musket-range from 
'the town, but good range for breech-loading rifles. About eight 
o'clock, the remainder of the forces from the camps to the west, 
who were on foot, arrived at the summit of Mt. Oread, and halted 
there. When the posse first took possession of Mt. Oread a 
white flag flew over their lines, but soon after a red one — the 
war-flag — took its place; on this was inscribed, "Southern 
Rights." Soon after, a United States flag, the " stripes and stars," 
floated beside it. 

As soon as these forces were securely posted. Deputy U. S. 
Marshal Fain, who was with Donaldson's posse, rode into Law- 
rence with ten men. These had no guns. It is proper to add 
that Deputy Fain had been in Lawrence the evening before, 
alone, and served two writs without molestation ; indeed, he never 
had been resisted in Lawrence. When Fain came into town he 
summoned several gentlemen to act as his posse : Dr. Jarvin, a 
pro-slavery resident of Lawrence, John A. Perry, C. W. Topliff", 



292 THE CONQUEST OF KANSAS, 

Wm. Jones, S. W. Eldridge and T. B. Eldridge. These gentle- 
men assisted him. He then aiTested Gen. Dietzler and Judoje Gr. 
W. Smith. He said he had other writs, but made no more arrests. 
He staid until after dinner ; called for dinner at the hotel, \vhere 
he, and the posse he brought with him, dined ; he left immediately 
after, neither he nor his companions paying their bill. He re- 
turned to the posse on the hill. While these arrests were making, 
and while the posse he had raised in Lawrence was under his 
orders, and retained by him, two of the number, Mr. Perry and 
Col. Topliff, were robbed by the posse on the hill. They lived in 
a house on the side of Mt. Oread, near which the part of the 
posse on the hill were stationed. During the time they were wait- 
ing for Fain to go through his legal manoeuvre, they busied them- 
selves in breaking into a few houses in the suburbs, and, amongst 
other performances, robbed these gentlemen of several hundred 
dollars in money, a gold watch, and other property. It is proper 
to add that only a portion of those on the hill were thus engaged. 

While Fain and his small posse were in Lawrence, Col. Buford 
and the forces from Franklin reinforced them. There was some 
speech-making on the hill. When Deputy Marshal Fain returned 
to the hill he briefly addressed the posse, telling them that he had 
" got through with them, but that Sheriff Jones had some pro- 
cesses to serve, and that they would hold themselves in readiness 
to go with him." 

Sheriff Jones, the man who had been " murdered," " shot in the 
spine," etc., and over whom the border ruffian journals had pro- 
nounced some pathetic obituaries, rode forward in the crowd. It 
was no wonder that the people of Lawrence now believed the 
story of his being shot a hoax ; for, although he had been wound- 
ed, his injury had been exaggerated. Jones was received with 
enthusiastic cheering. 

While Fain was in town he had been treated with great respect 
by those who had received or assumed the privilege of acting for 
the citizens. Some one or two of the " Safety Valve," as the 
Committee of Safety were sarcastically called, vied with each other 
in showing their willingness to respect authorities. This yielding 
spirit was generally disapproved by the people, even then, and 



SACKma OF LAWRENCE. 293 

bj several members of the committee. Whether this arose from 
an over-anxiety about that fi«ik law of nature, " Number One," or 
a too severe conscientiousness regarding the lives and property 
entrusted to their charge, is doubtful. If the first, it was simply 
cowardice ; if the latter, the sequel proved it to be wretched pol- 
icy. Under the feeling to which I allude, a letter was framed, 
addressed to the marshal, which ran in the following words : 

" Lawrence, K. T., May 21, 1856. 
" J. B. Donaldson, United States Marshal, K. T. : 

" We, the Committee of Public Safety for the citizens of Law- 
rence, make this statement and declaration to you, as Marshal of 
Kansas Territory : 

" That we represent citizens of the United States, and of Kan- 
sas, who acknowledge the constituted authorities of 'the govern- 
ment ; that we make no resistance to the execution of the laws, 
national or territorial, and that we ask protection of the govern- 
ment, and claim it as law-abiding American citizens. 

" For the private property already taken by your posse we ask 
indemnification ; and what remains to us and our citizens we throw 
upon you for protection, trusting that under the flag of our Union, 
and within the folds of the constitution, we may obtain safety. 
" Samuel C. Pomeroy, C. W. Babcock, 
" W. Y. Roberts, S. B. Prentiss, 

" Lyman Allen, A. H. Mallory, 

"John Perry, Joel G rover." 

It is not worth while to make any comments upon this let- 
ter. Every man may draw his own conclusions. It proposes 
to relinquish that for which the free squatters had always 
contended, — a position against the Bogus Legislature and its 
usurpations. The present prostrate condition of Lawrence was 
owing to a desire to submit to the federal or national author- 
ities; but this was no reason why there should be submission 
to the territorial laws. Well knowing that the force arrayed 
against Lawrence was there to sustain the usurpations of 
which the Bogus Legislature was an essential part, these peace- 
seeking leaders in Lawrence, in this hour of peril, framed the 
25* 



294 THE CONQUEST OF KANSAS. 

foregoing document, witli the fallacious hope of averting the storm. 
The position they took may be apologized for by their extreme 
peril, but cannot be justified ; and even then would not have been 
sustained by the people, and is now utterly repudiated. It is 
proper to state that several of those whose names are attached to 
the document declare that it had not their assent. Messrs. Allen, 
Babcock, Mallory and Grover, repudiate, and declare they did 
not sio^n it ; some of these admitting that they signed a paper that 
forenoon, but know of no part of such a document sustaining or 
submittinof to the territorial laws. I have been informed that Dr. 

o 

Prentiss was not present when it was drafted. 

However humiliating this letter, it utterly failed in averting 
the blow. It was only the prelude to acts of reckless villany. 

It was nearly three o'clock when Sherifi" Jones rode into town 
with some twenty armed men. He halted in front of the Free- 
State Hotel, and called for Gen. Pomeroy. Pomeroy came out 
and shook hands with him. 

" Gen. Pomeroy," said Jones, " I recognize you as one of the 
leading citizens here, and as one who can act for the people of 
Lawrence. I demand that all the arms of Lawrence be given up, 
or we will bombard the town." Jones here took out his watch, 
and continued : " I give you five minutes to decide on this propo- 
sition, and half an hour to stack the arms in the streets." 

Gen. Pomeroy said the time he gave was too short ; but Jones 
was not in tune to listen to any evasion ; the army on the hill 
had waited too long already. Pomeroy hurried up stairs, and 
comm.unicated with the Committee of Safety. Only fancy treat- 
ing on the point at issue under such circumstances ! — Jones, with 
an army at his back, thirsting for blood and plunder ; the commit- 
tee, who had provided no means of defence, and who had only a 
handful of men in Lawrence, who, if they attempted to resist, 
would merely be butchered, unless the invaders were cowards ! 
Pomeroy returned to Jones and informed him that the artillery in 
Lawrence would be given up ; but the Sharpens rifles and other 
guns were private property, and that each man had his own gun, 
and would not give them up upon any order of the committee, and 
that Jones would himself have to apply for and get these from 



SACKING OF LAWRENCE. 295 

the persons who had theai. Like a prudent general, who takes 
what he can get as it comes, Jones said, "■ Very well ; give up the 
cannon." The artillery in question consisted of the twelve-pound 
brass howitzer, brought into Lawrence so gallantly during the 
Wakarusa war, and some four other small brass breech-loading 
cannon, carrying a pound ball. These latter were nearly useless, 
or could be of comparatively little service in a field engagement, 
or in defending or assailing any point or town. All of these guns 
had been carefully concealed a few days before, having been 
buried under the foundation of a house in town, where they could 
never have been found. Gen. Pomeroy and Lieut. Gov. Roberts 
hastened to give them up as a peace-offering ; and they were dug 
up and surrendered to Jones by these gentlemen. Jones desired 
that they be taken out to the camp outside, and free-state men 
were called on to do this ignominious service. Numbers of those 
w^hom Jones thus asked haughtily refused. Some of the men 
v^ith Jones threatened to use their arms, and rode at some of the 
young men who refused, and threatened them with their bayonets, 
but did not intimidate them into compliance. A few, less reso- 
lute, aided the ruffians to remove the guns. 

- While this was going on, ether important events were transpir- 
ing. One of the threats Jones had made, if the guns were not 
given up, was that the ^^ posse " would come in town. While the 
guns were being delivered up, and a few Sharpe's rifles taken, the 
forces on Mt. Oread, under Atchison, Buford, Stringfellow and 
Titus, marched down the hill towards the south end of Lawrence, 
dragging their cannon with them. They formed in a hollow 
square in the prairie amongst the houses in the suburbs, and 
there Atchison made a speech to them. The great border ruffian, 
ex-Senator, ex- Vice President of the United States, was not re- 
markably sober on this important occasion. For several days he 
and his confreres had been engaged in a debauch, in which, per- 
haps, they strove io drown their knowledge of better things. He 
began his speech with, 

'•Boys, to-day I'm a Kickapoo Ranger, by G-d! This day 
we have entered Lawrence, and the abolitionists have not dared 
to fire a gun." Various reports of this wild speech have been 



296 THE CONQUEST OF KANSAS. 

published, but all more or less incorrect. It is an odd mixture 
of drunken enthusiasm, restraining forbearance, partisan ferocity, 
and profanity. He declared that the Free-State Hotel must be 
destroyed, and the printing oflaces ; but told them they must 
deport themselves as Southern gentlemen, and " law and order " 
men. He said they must not forget to be gallant, and must 
respect ladies; but added, "if you find a woman armed as a sol- 
dier, and thus putting off the garb of her sex, trample her under 
foot as you would a snake." He said the people of Lawrence 
seemed determined not to resist, and that, therefore, it would not 
do to attack them ; but said that if there was the least appearance 
of resistance, no quarter should be shown. He alluded to the dis- 
tance the young Southerners had come to aid them in the defence 
of " Southern rights," and complimented them on their zeal and 
courage. He commenced speaking on his horse, and then dis- 
mounted, and got on a brass cannon, from which he spoke. He 
was interrupted by the arrival of Jones, who, after the guns had 
been delivered up, rode out of town. Jones told them that he had 
orders, from the First District Court of the United States for 
Kansas (Judge Lecompte), to demolish the hotel and destroy the 
printing offices. Loud and enthusiastic cheers were given for 
Jones. Atchison resumed his speech, telling them, "And now 
we will go in with our highly honorable Jones, and test the 
strength of that d — d Free-State Hotel ! " He said something 
more, urging them to bravery and good order, and finished by 
saying, " If any man or woman stand in your way, blow them to 
h-11 with a chunk of cold lead ! " 

The army of invasion formed into line and marched into Law- 
rence. A motley-looking crew they were ; many of them had red 
flannel shirts, with curious border ruffian devices on them, so that 
they could be recognized by their friends in travelling. This 
scarlet uniform gave them some little the appearance of the " red 
coats; " and certainly never did such " tories " march to desecrate 
American soil, or trample under foot the rights of American free- 
men. As motley an assortment of banners floated over them. 
The flng of South Carolina, with a crimson star in the centre, and 
the motto " Southern ris^hts." Another fla^; resembled the Ameri- 



SACKING OF LAWRENCE. 297 

can flag, in being striped like it ; but there were no stars, and in 
their stead a rampant tiger, — fit emblem of the men it floated 
over, and the cause it vindicated. Another had v/hite and black 
alternate stripes, which truly represented the cursed amalgamation 
of races which is ruining the slave states, and which these nullify- 
ing fillibusters meant to introduce into Kansas, and to nationalize. 
One banner bore the inscription, " South Carolina ; " another, 
" Supremacy of the white race," on the one side, and " Kansas 
the outpost," on the other. One bore an inscription in the shape 
of a sorry distich : 

*' You Yankees tremble, 
And abolitionists fall ; 
Our motto is 
* Southern rights to all.' " 

When they had passed the Little Redan earth-work at the foot 
of Massachusetts-street, they were halted, and their cannon pointed 
up the street. Dreadful rumors had prevailed that the street was 
mined, and that they would be blown to atoms if they entered it. 
Several of the young Southerners and some Missourians were for 
advancing into town ; but Buford, calling them back, said, " No 
one must go in that street now, — there is no saying what these 
infernal Yankees would do." At this point two spies, who had 
been staying in Lawrence for several days, stepped up to Buford, 
and told him, "It's all right, cap'n, — there's no mines in the 
streets. The stories are all humbug." After this, and a little 
more discussion, the army of invasion moved forward, and soon 
was in possession of the town. Before the army thus entered, 
Jones had given orders that all the women and children should 
leave the town. Several had fled in the morning, on the first 
appearance of danger, but most of them had remained until now. 
It was a trying and sorrowful scene to see the people of Lawrence 
leave their homes and fly from the place. Some of the women 
were moved to tears, and others would look back, like Lot's wife, 
and freely vent their indignation. They had not time to move 
their effects ; and, had they been seen taking them off", they would 
probably have been stopped. 

The first place attacked was the printing office of the " Free 



298 THE CONQUEST OF KANSAS. 

Stated It was in the second story of a concrete building. There 
was a store below. One of the ruffian officers entered the store 
and demanded of the proprietor if there was a mine under the 
building to blow it up. The merchant assured him there was not, 
when the interrogator told him that they were going up into the 
printing office, and that if anything happened he would hold him 
responsible. The " posse " or ruffians, either or both, entered the 
office of the Free State, and the work of demolition commenced. 
The press and other articles were first broken, so as to be rendered 
perfectly useless, and then thrown into the Kansas river. As this 
was some distance to carry the articles, they got tired of it, and 
began throwing the remainder in the street. Books and papers 
were thrown in the street. Many of these men got books they 
fancied, and kept them. Some of the officers ordered them to 
take nothing, saying, " These Yankees will tell stories enough 
about us for this, without our stealing from them." Colonel 
Zadoc Jackson, of Georgia, exerted himself to prevent the plunder, 
as did several others ; they were prepared for the most desperate 
war against Freedom and American rights, but they had too much 
honor, or too much pride, to wish to occupy the position of high- 
waymen. Unfortunately, these officers were unable to prevent 
these outrages, or restrain the villains they had gathered up to 
do their lawless work. 

The office of the other paper in Lawrence, the Herald of Free- 
dom, was entered by the Carolinians, shortly after their compatri- 
ots had commenced the work of demolition in the Free State office. 
The Herald of Freedom office is a tall, narrow, concrete building. 
Into this the gallant " chivalry " were afraid to %'enture. The 
dread of mines and infernal machines was a sort of nightmare 
with them. In order to be safe in entering the office in question, 
they drove some young men, residents of the town, up the stairs 
and into the building, at the point of the bayonet. How this 
stupid policy was to demonstrate anything, or aiford security, it 
would be difficult to discover. In the Herald of Freedom office 
the same reckless work of destruction went on. The presses were 
broken in a thorough and enlightened manner, which showed the 
hand or the direction of a practical printer, the fragments being 



SACKING OF LAWRENCE. 299 

perfectly useless. Books and papers were thrown out in the 
street, or stolen. Several members of the posse were marching 
about the streets with books stuck on the points of their bayonets. 
Others were tearing books to shreds, but the more prudent carried 
them off. 

The next step in the process was the destruction of the hotel. 
The enemy planted their artillery in front of the hotel, one hun- 
dred and fifty feet distant from it, across Massachusetts-street. 
The hotel was a very large building, three full stories high besides 
the basement ; it seemed almost impossible that they could miss 
it. The proprietor of the establishment, Mr. Eldridge, was noti- 
fied by Jones to remove his furniture in a certain time. This 
Mr. Eldridge said he could not do. Some of the posse went to 
work and began to carry articles of furniture out into the street ; 
but they very soon got weary of this, and found a task more 
congenial. They discovered the wines and liquors, a good stock 
of which was on hand, and, helping themselves freely to these and 
to eatables and cigars, the heroes of this gallant campaign were 
soon in an interestins; condition. 

The hotel was cleared of people, and Atchison aimed the first 
gun fired at it. The worthy ex-vice-president was rather too 
tipsy to win many laurels as a gunner. He stooped over the gun. 
" A little higher, boys, a little lower — a little higher. That 's 
it, boys ; let her rip ! " Bang went the gun, the ball missing the 
hotel altogether, going clear over it. The next gunner was rather 
more successful, putting a ball through the top corner of the 
right. Some fifty rounds were fired, when, finding it slow busi- 
ness, the hotel looking, externally, little the worse for it, they 
undertook to blow it up. Four kegs of gunpowder were placed in 
it, but only two of them exploded, and they made little report, 
and still less impression on the walls ; but fire was communicated 
to the building in several places, and it was soon a magnificent 
sea of flame. 

As the flames hissed and crackled, Jones leaned upon his horse 
and contemplated the spectacle. His eyes glistened with a wild 
delight, and he said, "This is the happiest moment of my life." 

And now commenced a scene of wild and reckless pillage. 



300 THE CONQUEST OF KANSAS. 

When the citizens of Lawrence had left their homes, those who 
could locked them; but locks and bolts were small securitj' ; 
when the marauders could not enter bj the doors, they got in by 
the windows. All the money and jewelry that could be found 
was taken, and also clothing. In fact, they took everything they 
wanted, or could carry away. Much of what they could not take, 
they destroyed. Nor was this pillage confined to the rank and 
file. One Deputy United States Marshal (of whom there are 
many) carried ofi" a valuable case of surgical instruments worth 
three hundred dollars. Stringfellow went into a store, and stole 
two boxes of cigars, remarking, with a laugh, 

" This is all the booty I want." 

Ex-Yice-I*resident Atchison was also seen with one of these, or 
another box. With such bright examples it would be needless to 
enter into a detail of the brilliant exploits of the rank and file. 
During the early part of the day several young men, attempting to 
escape, were chased and fired at. Some of them got off, others 
were taken prisoners ; but none were killed, so far as has been 
ascertained, on the free-state side. One pro-slavery man shot 
himself accidentally, while the posse was on Mt. Oread, and 
another was killed by the falling of a brick from the Free-State 
Hotel. Two others of these men fell violently while galloping 
after some flying free-state men, horse and man rolling over, one 
of the men having his leg severely shattered. 

Nearly a hundred and fifty thousand dollars' worth of property 
was stolen or destroyed. Trunks were broken open, and such of 
their contents as were not wanted were scattered about the streets. 
Letters, family pictures, and other relics were not respected. 
Many letters of public men were taken, as they were supposed to 
be of value, politically or otherwise. Even Mrs. Robinson's letters 
were stolen by the "chivalry." One gentlemanly Southerner, 
seeing these, tried to get possession of them to restore them, but 
did not succeed. The office of the Herald of Freedom was fired 
several times, but, as it had been emptied of nearly all that was 
combustible, some of the employes of the office would go in and 
put it out again. 

The closing act was the burning of Governor Robinson's dwell- 



SACKING OF LAWRENCE. 301 

ing, which stood upon the brow of Mount Oread. This had been 
plundered through the day, and at night it was set on fire ; and 
the pyramid of flame from the mount lighted up the pathway of 
the retreating army. 

Besides the plundering in town, these men, both before and 
after the 21st, went about the country, and plundered many 
houses. It is supposed that not less than two hundred horses 
were taken, in and around Lawrence. There were also frightful 
stories of outrages, and of women being ravished. Such cases 
there may have been, but rare. There were villains in that posse 
who were certainly none too good for it. 

Such was the sack of Lawrence ; but, in order that the reader 
may get a glance of the picture as painted by the actors in the 
scene, I give their own version in subjoined extracts. The first is 
from the journal of one of these pro-slavery bravoes, who started 
for Lawrence, at the secret order of the Blue Lodge, anticipating 
the marshal's proclamation, which they had learned would be 
issued. It will illustrate a little of the camp life of these worthies. 
The writer has a fund of humor for a border rufl&an, and, doubt- 
less, under a better state of afiairs, would not have been such a 
bad fello\f. His journal was published in a pro-slavery paper. 

" May 14:tk, and Sunday, too. — Flattered myself a halt would 
have been ordered, but no ; the cry is. Onward, still onward. 
Learn that a very important appointment has been made by the 
officer in command during the previous evening. That the little 
doctor, in view of his having become the surgeon of the company 
(though how he became so no one knows), is also appointed com- 
missary of the company. Understand he accepts the same with 
the spirit of a martyr. The men, evil-minded of course, think 
the two jars of whiskey, property of the company, tend greatly to 
his resignation toward the duties of his appointment, as by it he 
has entire control of all the whiskey, which is a consummation 
devoutly to be wished for by all. Again in motion ; we arrived 
at the house of a Dutchman, who, although with free-soil procliv- 
ities, had whi>key. With one or two others, constituted an 
advance guard, and assailed the house of said Dutchman for 
whiskey. After considerable parleying, whiskey produced, and I 
26 



302 THE CONQUEST OF KANSAS. 

take the liberty of stating that it was as good as any whiskey I 
ever tasted in the territory, either from pro-slavery men or others. 
All hands drink here ad libitum. After a very hasty considera- 
tion of the supper, we are turned out to drill. Drilling is a per- 
fect humbug, in my opinion. All are straightened out in a line. 
A fat, good-natured orderly sergeant drills us, — twenty-five of 
us, green as gourds on the subject of military tactics. Shoulder 
arms ! present arms ! and order arms ! are strangely commingled 
in our brains, and the order to do one of the foregoing is responded 
to by attempts to do a little of all we know. Our marching and 
countermarching is painful, as we all, from a sincere wish to do 
right, tread on the heels of the person in front, and are cursed 
accordingly, regretting seriously our incapacity to be Napoleons. 
Oar orderly sergeant dismisses us amongst the acclamations of the 
company, and we all make a rash attempt to sleep ; but, alas ! our 
attempts prove futile. Hardly do we compose ourselves, so that 
Morpheus may embrace us, when we are rather roughly informed 
that we must turn out to fight the enemy. All turn out with 
their muskets in most murderous attitudes. One half of our 
force sent towards the creek to reconnoitre; the balance, amongst 
whom I was, remain in camp to guard the same. After a few 
minutes of absence, first half returned, and informed the company 
in general, and the officers in charge in particular, that some two 
individuals had passed, and had told the gentleman on guard near 
the road, that he might, if he found it convenient, proceed to 
Pandemonium ; a decided reflection on our company, but said 
reflection was responded to in a manner calculated to strike terror 
into unbelievers, and such who could not prove unmistakably 
their soundness on the Goose. By the firing of all the pistols in 
the direction that they who had insulted us had gone quiet was 
once more restored. 

*'ili<22/15. — Having been up all night, am consequently up 
very early in the morning, and proceed to the breakfast ground, 
anxious to eat something. Find that a bottle of whiskey was 
going its rounds with unusual vigor. Take my station, that it 
might find me in its circle of acquaintances. Whiskey being all 
drank, the more important matter of breakfast claims our atten- 



SACKING OF LAWRENCE. 303 

tion, and each has some office to do in this respect. Grinding 
coffee requiring less culinary talent than anything else, the job is 
assigned to me. All are very jolly and dirty, and the conversa- 
tion very lively. 

" After breakfast, good-natured orderly sergeant gets us into as 
near a straight line as he can, and proceeds to drill us again, 
with, if possible, less success than the previous evening. At the 
command, right wheel, most of us wheel the wrong way ; and the 
nearest approach to a hollow square that we can attain to is an 
imperfect oval. Our muskets are seldom, if ever, in their proper 
position, and prove for an inanimate subject very hard to manage. 

" After coursing up and down the prairie to our disgust, and to 
the acceleration of our digestion, we are dismissed with the melan- 
choly conviction that we are but poorly drilled, although we feel 
awfully bored. 

*' Nothing occurs to distract us from our monotonous snail's 
pace, or attracts our attention, save two dogs, who join us more 
from interest than glory. At last Buck Creek appears. We 
think how gladly would we ^ pass ' the Buck as at ^ poker ; ' but 
we are not playing that game now, although, before getting 
through, we got to ^ all fours.^ Buck Creek is a succession of 
ugly hills and gloomy hollows. We got down the hills and across 
the creek, but to ascend the other side required a little more ex- 
ertion. We had not gone far when we succeeded in sticking 
admirably. Mud being about one foot deep, men fall in it with 
perfect impunity, seldom going far with a load before they are 
immersed. That dciy there were but few of us but deserved the 
euphonious title of ' stuck-in-the-muds,^ While stuck in the mud 
we are met by several gentlemen, who read to us Marshal Donald- 
son's proclamation, calling upon us to aid in support of the laws, 
etc. The proclamation is received with great glee, and our throats 
give signal of our hearts' joy. Retire to a little distance to do 
some shouting on my own hook, and sit immediately behind a 
horse to gratify my exhilaration. The horse rather unceremoni- 
ously kicks me, in the midst of a most glorious yell, and on a 
portion of my frame that for several days after rendered it a mat- 
ter of impossibility for me to take a seat. Limping from the 



304 THE CONQUEST OF KANSAS. 

scene of m}'^ disgraceful kicking, and breathing ciirscs against all 
horses in general, and this individual in particular, I weud my way 
slowly to the top of the hill. On my way thither, meet a Chief 
Justice proceeding homeward. Chief Justice greets us kindly, 
and, after we assist him to catch a runaway steer, he bids us adieu, 
thinking that we are a very irregular-looking portion of the regu- 
lar militia." 

Having given the above picture of the "militia" from one 
who ought to know, I subjoin the pro-slavery account of the sack- 
ing of Lawrence, as published in the official organ of ruffianism 
in the territory. Its main discrepancy consi^s in its denial of 
the stealing, for which I scarcely blame the editor. 

The following is from the Lecompton Union, of May 21st : 

"LAWRENCE TAKEN! 

* ' GLORIOUS TRIUMPH OF THE LAW AND ORDER PARTY OVER FANATICISM 

IN KANSAS. 

" FULL PARTICULARS. 

" On Tuesday, the 20th, a large force of law and order men 
having gathered in and around Lecompton, the marshal ordered 
the different camps to concentrate about two miles this side of 
Lawrence, so as to be ready for the execution of his immediate 
demands upon the people of Lawrence. At this order we left our 
sanctum and proceeded to the encampment, equipped for the occa- 
sion, and here begins our notice : 

" Tuesday i May 20 — 1 o^ clock. 
" Here we are in camp. Everything looks very warlike. The 
cavalry, numbering some one hundred and eighty, commanded by 
Col. H. T. Titus, of this county, originally of Florida, are dashing 
over the hills at the clear tones of their commander's voice. The 
infantry companies are being drilled by their different captains, 
and everybody is in the line preparing for an engagement. But 
few have an idea of the feeling that possesses one at the martial 
notes of a drum and fife, or the clear, shrill tones of the bugle, 
sounding the charge of two hundred troopers. It is enough to 



SACKING OF LAWRENCE. 305 

make the veriest coward a brave man, and the expiring soldier 
grasp again his sword. 

'' This encampment consists of about fifty tents, and upwards 
of four hundred men. All have made up their minds to fight 
desperately, in case of resistance. Men never were more deter- 
minedly resolved and eager to meet the issue. 

" The prison-tent has eight occupants. They all seem contented 
and satisfied, and say they were never better treated in their lives. 
Their quarters are comfortable, and they have a plenty to eat and 
drink. 

*' 2 o'clock. — Orders were received to march at three. Tents 
struck, wagons loaded, and all were upon the move at the appointed 
time. Three pieces of cannon, with one hundred and fifty addi- 
tional men, were in the road a short distance oS" to join us. We 
encamped about six o'clock near that place where the noted 
Squatter Convention was held in '54, Here we heard various 
rumors about fighting ; one that three hundred mounted men from 
Topeka were in our rear, and intended attacking us that night ; 
one that the various propositions made by the Lawrenceites to the 
marshal were only to gull us, and that there would certainly be a 
fight. This last rumor was considered credible, and pleased the 
boys very much. We were not disturbed by the Topekans that 
night ; but early next morning the cavalry were called to escort 
the cannon to Lawrence. 

" At half past four o'clock the cannon were planted without any 
resistance upon the heights beyond Robinson's house, and within 
four hundred yards of the big stone hotel. When we first reached 
there not a human being could be seen. In about one hour there 
gathered in the streets in front of the hotel some one hundred and 
fifty men. Some one was haranguing them. Oflf to the east of the 
town eleven men came out from a small stone building, formed in 
front, and marched in town. Several men attempted to leave 
town, but were cut ofl" by our pickets. These were the only indi- 
cations of a fio;ht. 

" At eight o'clock the infantry joined us. At eleven Major 
Buford's company from Franklin arrived ; and by twelve our 
forces amounted to eight liuiidred strong, cavalry and infantry, 



306 ^ THE CONQUEST OF KANSAS. 

and four six-pound pieces of brass cannon. About this time great 
excitement was created by Mr. James Keiser accidentally shooting 
himself; but the wound was not mortal. 

" At one o'clock the United States Deputy Marshal selected a 
small posse and entered town to make arrests. He selected his 
posse from the ranks of the Lecompton Guard, commanded by 
Capt. John Donaldson, who was also honored with the command 
of the posse, — Donaldson's *' Red Shirts," as they are more com- 
monly known, by adopting the red shirt as their uniform, — and 
reflected credit upon themselves and their commander. They 
were well drilled, always ready for any emergency, and prompt 
and obedient in action. Most of them were young men from 
Virginia, who have left home and friends to ofier up their lives to 
the preservation and establishment of Southern institutions in 
Kansas. The following are the names of the posse under Don- 
aldson's command : 

" Capt. J. Donaldson, R. M. Nace, J. N. Casey, J. W. Ransom, 
B. Jones, John Shelton, C. H. Grover. 

" Only three arrests were made, viz. : Smith, Jenkin, and Dietz- 
ler. The town seemed almost forsaken. When the marshal 
returned, having done all he could do, he released the posse from 
his jurisdiction, and they were immediately summoned by Sheriff 
Jones. Mr. Jones, notwithstanding his feeble condition, appeared 
upon horseback ; and, as he rode along the line summoning each 
company to assist in the execution of the laws, he was received 
with loud and deafening cheers. His pale countenance and 
emaciated form, the products of an almost fatal blow from an 
assassin's arm, made every man irresistibly clutch his pistols, 
impatient to revenge this foul deed. The very appearance of 
Jones, who had so often presented himself at the very mouth of 
danger, and consecrated his life to the maintenance of the laws, 
sent a thrill through every heart that choked all utterance of their 
willingness to follow him in the face of any danger. He selected a 
small posse of mounted men, mostly from the Atchison Guards, 
commanded by Capt. D. Treville of South Carolina. Col. H. T. 
Titus commanded the posse. 

" Jones had a great many writs in his hands, but could find no 



SACKING OF LAWRENCE. 807 

one against whom he held them. He also had an order from the 
court to demand the surrender of their arms, field and side, and a 
demolition of the two presses and the Free-State Hotel as nuisan- 
ces. The arms were immediately demanded and surrendered. 
But very few could be found, — four pieces of cannon, one twelve- 
pound howitzer, and four small pieces, and a few Sharpe's rifles. 
When they agreed to surrender, our men were marched down in front 
of the town, and one cannon planted upon their own battlements. 
Over the largest piece, commanding the Emigrant Aid Hotel, was 
unfurled the stars and stripes. 

" The cannon were then brought out and thrown in front of our 
lines. During this time appeals were made to Sheriff Jones to 
save the Aid Society's Hotel. This news reached the company's 
ears, and was received with one universal cry of * No ! no ! Blow 
it up ! blow it up ! We will not injure private property ; but our 
motto is, Destruction to everything belonging to the Aid Society ! 
The court has declared it a nuisance, and we will destroy it.' 

" About this time a banner was seen fluttering in the breeze 
over the office of The Herald of Freedom. Its color was a blood- 
red, with a lone star in the centre, and South Carolina above. 
This banner was placed there by the Carolinians — Messrs. 
Wrights and a Mr. Cross. The effect was prodigious. One tre- 
mendous and loncc-continued shout burst from the ranks. Thus 
floated in triumph the banner of South Carolina, — that single 
white star, so emblematic of her course in the early history of our 
sectional disturbances. When every Southern State stood almost 
upon the verge of ceding their dearest rights to the North, 
Carolina stood boldly out, the firm and unwavering advocate of 
Southern institutions. 

"Thus floated victoriously the first banner of Southern rights 
over the abolition town of Lawrence, unfurled by the noble sons 
of Carolina, and every whip of its folds seemed a death-stroke to 
Beecher propagandism and the fanatics of the East. ! that 
its red folds could have been seen by every Southern eye ! 

" Mr. Jones listened to the many entreaties, and finally replied 
that it was beyond his power to do anything, and gave the occu- 
pants so long to remove all private property from it. He ordered 



308 THE CONQUEST OF KANSAS. 

two companies into each printing office to destroy the press. Both 
presses were broken up and thrown into the streets, the type 
thrown in the river, and all the material belonging to each office 
destroyed. After this was accomplished, and the private property 
removed from the hotel by the different companies, the cannon 
were brought in front of the house and directed their destructive 
blows upon the walls. The building caught on fire, and soon its 
walls came with a crash to the ground. Thus fell the abolition 
fortress ; and we hope this will teach the Aid Society a good leS' 
son for the future. 

" Before entering town our commanders instructed each member 
of his company of the consequences befalling the violation of any 
private property. As far as we can learn, they attended strictly 
to these instmctions. One act we regret to mention — the firing 
of Robinson's house. Although there is but little doubt as to the 
real owners of this property, yet it was a private residence, and 
should have remained untouched. During the excitement, the 
commissary, Col. Abell, of Atchison city, learned that it was on 
fire, and immediately detailed a company to suppress the flames, 
which was done. Once afterwards, we understand. Sheriff Jones 
had the flames suppressed, and the boys guilty of the act were 
sent immediately to camp ; but with regret we saw the building 
on fire that night about ten o'clock. This we saw from camp, and 
cannot tell who set it on fire the third time. Durinor the firinsj 
upon the hotel one of our men was killed by the falling of a stone 
from the wall. 

" Before another week rolls around no doubt the papers will be 
filled with vastly magnified reports,- and the country disturbed with 
' loud shrieks for the cause of freedom ' by abolition organs. This 
cry one anticipates, and will not be disappointed at i\iQ bloody 
picture their ready writers will paint for their own purposes ; but 
they are only a faction in the country, and have produced this 
state of things. It remains to be seen whether that portion of 
the North and East calling themselves conservative national men, 
will be led into excitement and extravagances by their 'loud 
shrieks.' We think the conservative men of the North and East 
have had furnished them, long since, sufficient data to form correct 



SACKING OF LAWRENCE. 309 

opinions of the motives governing these men. If every man of 
them had been killed, every house burned, and total and entire 
extermination had been the motto of the ' law and order ' party, 
who would be to blame? Impartial decision answers, * these men 
have brought the calamity upon theif own heads.' 

" We have done what we have done, and would not have any- 
thing undone that was done, and shall do no more if let alone ; 
so let our doings go forth for the inspection and criticism of the 
nation. In this report we have ' not extenuated, nor aught set 
down in malice ; ' but furnished a simple and unvarnished sum- 
total of facts. As to the ' law and order ' party of Kansas, they 
have but one opinion, but one mind, — to stand in defence of their 
laws and their rights at all hazards. 

" We forgot to mention, in our account, that the long conjecture 
of the Free-State Hotel being a fortress was found to be true. 
From the surface of the roof the wall extended to the height of 
three and a half feet, with four port-holes in each side, — making 
in all sixteen, — large enough to admit the mouth of an eighteen- 
pound gun. The mouths of the holes were concealed from view by 
a thin coat of lime that could be easily knocked out when desired. 
The above statement can be established by several hundred 
witnesses. 

" The ' Red Shirts ' raised the first flag upon the Free-State 
Hotel. They have in possession the twelve-pound howitzer taken 
from the enemy, and, whenever necessary, can use it eflfectually. 
Capt. Donaldson may feel proud of his ' Eed Shirts.' " 



CHAPTER XXII. 

GUERILLA WAR — THE DRAGOONS — LAW AND ORDER IN 

LEAVENWORTH. 

The day after the sacking of Lawrence, the marshal's posse 
began to disperse. Those Southerners, who had been disgusted by 
the outrages of their companions, or who had secured as much plun- 
der as they could take care of, incontinently left, Buford's prayers, 
their oath, and the necessities of " law and order," to the contrary, 
notwithstanding. It was on the 22nd that Atchison, with the Platte 
County Rifles, rode to the southern outskirts of Lawrence, and 
requested permission of the citizens to go through the town and 
cross the ferry at that point. To allow the great ruffian and his 
retreating band the privilege of passing peacefully through a town 
the people of which were bewailing their lost property, and the 
smoke from the ruins of the best buildings in the place still ascend ' 
ing, was too much to ask or give ; but a few of the leading citi- 
zens gave permission. Perhaps they thought that it would take 
some days or a week to rally sufficient force to Lawrence to defend 
it, and, knowing that the different sections of the army were 
still within a few miles of Lawrence, desired to avoid, at the pres- 
ent, a collision with a small part, the destruction of whom would 
soon bring on them the whole force. Some few citizens, however, 
when the rumor that Atchison was coming through the town, 
reached them, seized their guns and went out into the street.- 
Had the notice of their approach not been so short it is more than 
likely that a fight would have ensued, whether the " committee " 
authorities would have sanctioned it, or whether the participants 
would have been " right on the record " or not. But there were 
only a few men who thus hurried into the streets, and they, find- 



GUERILLA WAR. 811 

ing tliat there was neither concert of action nor force sufficient, 
withdrew. 

Atchison and his men rode through the streets as quietly as 
possible, having only one piece of artillery with them. The rank 
and file looked camp-weary and camp-dirty, and, as they rode 
along, cast suspicious glances at the citizens. Well they knew 
that every man of thera should have been strung up by the neck, 
and, although they had humbly begged that they might go through, 
they seemed to have at bottom a suspicion that so unreasonable a 
request was hardly likely to be granted. Atchison is a tall, mus- 
cular man, his face slightly marked by the ravages of dissipation. 
As he rode on through the streets of Lawrence, he buttoned his 
coat and pulled his hat as far over his eyes as possible. A few 
of the citizens watched the retreat of that wild band of Missou- 
rians until they crossed the Kaw and were lost to view in the 
dense timber that skirts its northern shore. 

The day after the sacking of the town, a man named Cox, who 
had at one time pretended to be a free-state man, and who had 
acted as a spy in Lawrence, drove into that town from Lecomp- 
ton, on his way to Kansas city. He had been in Lawrence, and, 
knowing the peaceable character of the people, supposed that he 
could enter and leave it unmolested. lii this supposition he was 
not mistaken ; but he still had a few guilty fears, though he had 
ventured into town, and betrayed his nervousness by his sidelong 
glances at every one, and his frightened manner. The people, 
generally, paid no attention to him, only regarding him with con- 
tempt. Two waggish boys, who saw his trepidation, went to him, 
and, to have some fun, said, with a solemn shake of their heads, 

" Look here, sir, it 's not safe for you to be here ; take our 
advice, and leave." 

Quaking with a guilty conscience, he got his buggy, harnessed 
up, and started off for Franklin as fast as he could%iake his horse 
go, trembling with fear all the way ; his exodus under such trepi- 
dation being hailed by a shout of laughter from a group of ob- 
servers at the foot of Massachusetts-street. In order to make a 
plausible story of it, he reported, when he got to Franklin, that he 
had been driven out of Lawrence by a mob, and fired at. By the 



312 THE CONQUEST OP KANSAS. 

time he got to Westport, this furnished food for another declara- 
tion of war from Missouri. The Westport paper got up another 
" war " extra, of which the subjoined is a morsel : 

" Fish's abolition hotel may meet with an accident. All nui- 
sances should be abolished. 

" There should be no mistake in this matter. Our Missouri 
friends must understand that this is but the beginning of the end. 
We want you still ; and if our citizens are to be shot at, simply 
because they are true to Southern principles, in the streets of Law- 
rence in the open day, and that, too, within four and twenty hours 
after the reception of such a bitter lesson as the pro-slavery men 
of Kansas (!) taught them on the 21st, we have but one resource 
left, and that is to level Lawrence {and, if necessary, every other 
abolition settlement in Kansas) with the ground. We pity the 
women and children upon whom this unhappy state of affairs falls 
heavily ; but the responsibility must rest with the fanatics who 
have preached Sharpe's rifles and armed resistance to our laws. 

" Come, then ; we call upon every true-hearted pro-slavery man 
and son of the South to come up and help us. 

# ^ * ^ # 

" Three times three for oi.i,r gallant Jones." 

This merely resulted in keeping a portion of the Westport row- 
dies in the county, who, under Capt. Pate, of Westport, command- 
er of the Shannon Sharp-Shooters, and Coleman, the murderer, 
went about the county to the south of the Kaw, committing dep- 
redations. 

Some of the Southerners, who had been in Lawrence on the 21st, 
left it intensely disgusted. One physician from Kentucky, who 
had acted as an orderly sergeant in one company of the posse, 
abandoned his companions while they were sacking the town. He 
wept that evening, as he rode through the Delaware reserve, and 
denounced th^whole conduct of his companions, declaring, to a 
gentleman who rode part of the way with him, that he " knew who 
was in the wrong now." Another Kentuckian and pro-slavery 
man, who was in the territory, left it at the same time. The 
account he gave was published in a Kentucky paper, and part of 
his version runs thus : 



GUERILLA WAR. 313 

" Mr. Sebree says that large numbers of Missourians are in the 
territory, and that the supply of them is only limited by the de- 
mand. The representation he makes of the men who compose the 
body of the pro-slavery party, and of their proceedings, is not very 
flattering to them. He says that decent Southern men, who go 
there under no undue excitement, are ashamed of them, and he saw 
some such whose minds on the subject of slavery in Kansas had 
undergone a complete change. The large company of Southern 
emigrants, recruited in Alabama by Major Buford, he represents 
as a miserable set of drunken loafers, many of whom have died in 
consequence of their vices and imprudence, and all of whom are 
eiiisiug the men that induced them to go into the country. Mr. Se- 
bree says it is generally conceded that, of the actual citizens of the 
territory, two to one are in faVor of a free state, and that, with the 
exception of a comparatively small number of brawlers, they are 
quiet, industrious men, seeking to establish homes for themselves 
and their families. They have been outnumbered and outvoted 
by the people from the borders of Missouri, who have been organ- 
ized for that purpose. These are unpalatable truths for Southern 
men, but the sooner the truth is known the better. Mr. Sebree 
thinks that the war has but commenced, and that, in a very short 
time, thousands of armed men will be in Kansas from the free 
states." 

It was at this time that the free-state guerilla companies sprang 
up. Finding that armed bands of pro-slavery men were prowling 
about the territory, a handful of persons, chiefly youths, took the 
field. One company, under a young printer named Lenhart, was 
particularly active and bold. Nearly every one of its mem- 
bers had been plundered at Lawrence, or where they lived in the 
vicinity, some of them of all they had, even their clothes. Other 
companies also took the field. Capt. John Brown, senior, who 
lived near Ossawattomie, immediately on the sacking of Lawrence 
concluded that tlie war was beo-un, and that it oucjht not to ter- 
minate. His son, Capt. Brown, junior, had been up with a com- 
pany of men to relieve Lavrrence during the marshal's attack. 
This company only got to Palmyra when they heard that Law- 
rence was sacked, and that the citizens had sousrht to make no 
27 



314 THE CONQUEST OF KANSAS. 

resistance. As thej were not now wanted in Lawrence, they 
prepared to return, but part of their number went with Capt. 
Brown, senior. Several small companies of free-state youths, with 
no recognized leaders, or with temporary leaders, engaged in the 
guerilla warfare. To recapture the horses and arms taken at 
Lawrence was one great object, and many engaged in it with the 
determination to plunder those who had been in arms against, even 
if they should not be in arms when they happened to meet them. 

One of the earliest of these adventures was the capture of three 
horses from Capt. Pate's camp. Pate and Coleman had been at 
Franklin since the sacking of Lawrence. This company went 
down the road, and was menacing Fish's store, where it was re- 
ported that the free-state people had gunpowder. Several free- 
state men had been stopped by them. While thus camped near 
Fish's, on the California road, three young men, almost boys, 
slipped into their camp unperceived at night, and each selecting 
a horse from the lot of horses tied up, saddled them, and, mounting, 
galloped off through the lines, the sentinels and others of the party 
who got the alarm sending bullets whistling after them through 
the night. They got off with the horses scathless. 

Another party of Southerners were going up the Santa Fe 
road to commit depredations. They had taken one free-state man 
on the road, and abused him, and had also insulted and intimidated 
some settlers, and ordered them to leave the territory. Eight of 
the young free-state guerillas, being informed of this, started to 
hunt them, and found them, as I have stated, on the Santa Fe 
road. As there were eighteen of the Southerners, the others did 
not deem it advisable to attack them. They lay in wait for them 
where the road passes some thickets, and, as the pro-yhivery men 
rode past, fired at them. Several of the Southerners were killed, 
and the rest, thinking the ambushed force larger than it was, 
galloped off. Several horses and some arms were also captured at 
this time. 

Another incident occurred, which made some disturbance at the 
time. It was called in the papers the " Burning of St. Bern- 
hardt," and was reported as the burning of a pro-slavery town by 
the abolitionists. Now Bernhardt, in the first place, is not a 



GUERILLA WAR. 315 

town, and, in the second place, it was not burned. What is called 
Bernhardt is constituted by a log house in which a store is kept. 
The owner had been a pro-slavery man, and took an ac#re part in 
the difficulties distracting the territory. His store was attacked, 
about the time of which I write, by one of the boldest bands of 
young guerillas. There was no shooting done. The proprietor 
saw that it was no time to resist, and the others, who intended to 
take what they happened to want, told him to hand down this, 
that, and the other thing, which he did with as much equanimity 
and politeness as he could muster. They thus got what arms and 
ammunition he had, blankets, clothing, shoes and boots, pro- 
visions, etc. Having got what they wanted in this way, the lieu- 
tenant of the company, a harum-scarum New Yorker, called the 
owner to the door. Two horses were hitched up close by. 

" Look here ! " cried the lieutenant, pointing to one of the 
horses, " Look here ! saddle that horse for me. I want him to 
use till the end of the war." 

The obliging retailer of calico and coffee complied, while the 
lieutenant, a mere boy, watched the proceedings with becoming 
gravity. 

" Look here ! " he resumed again, " put the saddle on the other 
horse ; I believe I prefer him." 

This was also complied with, the man being glad to get off so 
easily. This was the "burning " or sacking of Bernhardt. 

Another incident I will narrate. The pro-slavery men had 
stored some of the arms taken at Lawrence, and other articles, 
including two kegs of gunpowder of their own, at the house of 
a pro-slavery man. The guerillas heard of this, and made a night 
attack on it. No one was killed, as the pro-slavery men attempted 
no resistance. The articles sought were taken. But I need not 
enumerate instances ; such was the state of affairs. Armed guerilla 
bands of both parties were ranging over the country, and when- 
ever they met there was a skirmish. The marshal's posse had 
been disbanded. The Missourians had returned to Missouri, 
where many of the Georgians and Carolinians had also gone; the 
remainder being in the roving bands of which I have spoken. 
But few pro-slavery men were at Lecompton to defend it, as the 



316 THE COXQUEST OF KANSAS. 

artillery taken at La\Yreiice was there, with sorao>4)ther guns and 
horses, as well as other property. The governor ^ot alarmed. 
He heard the reports of the skirmishes, and from all accounts the 
free-state guerillas appeared to get the best of it ; the pro- 
slavery men being almost invariably worsted when there was 
a brush. Another thing disturbed the governor's equanimity. 
He had a couple of carriage horses. As he had winked at the 
stealing, or " pressing," of free-state men's horses, he was regarded 
as an accessory before the fact, and as it was desirable that 
guilty men only should suflFer, two waggish free-state guerillas 
" pressed " the governor's horses. One of these they dubbed 
" Shannon," and the other " Pierce," and they forthwith went 
guerilla-ing on them. This was unendurable. Besides, the gov- 
ernor was quaking in his boots for fear of a regular attack by the 
Lawrence people on Lecompton. Under these circumstances, the 
military was called out, and soon dragoon camps were scattered 
over the country, and the clanking of sabres and the sound of 
iron hoofs resounded in the valley of the Kaw. The country 
was not placed under martial law. The bogus laws were recog- 
nized by all the territorial officers, who were pro-slavery men, or 
their tools, and the troops were dependent on the territorial 
authorities. 

It was about this time that the Potawattomie affair happened. 
It was one of those stern and remorseless acts in civil war which 
make the delicate and sensitive shrink ; but it is wrapped in jDro- 
found mystery. In the neighborhood of Osawattomie, on the 
Potawattomie, lived a Mr. Wilkinson, a member of the Bogus 
Legislature. He and a Mr. Sherman, and a few other pro-slavery 
men in that neighborhood, had always been violent, bad men. Im- 
mediately after the sack of Lawrence these men concluded that 
the war had begun, and that the free-state people must be driven 
from the country. Violent partisans, men of reckless character, 
and covetous of the claims of the free-state settlers who surrounded 
them, they commenced the work of persecution. Several free-state 
men were ordered to leave, by letter, and verbally. One man 
was seized and abused, and threatened that he would be killed if 
he did not leave, and a cabin was burned. Such was the prove- 



GUERILLA WAR. 317 

cation,' — how the rest happened God in heaven only knows. Terri- 
ble stories have floated through the newspapers, distorted and 
misrepresented by those whose interest it was to misrepresent 
them. From all I can learn, five of these pro-slavery men had 
assembled in one of their houses to arrange their plans for an 
attack on one man, whose life they had threatened that night, when 
a party of seven or eight guerillas, not young men, but stern, 
determined men, attacked them, and in the scuffle every pro- 
slavery man was killed. It has been stated that two of them 
were killed when unarmed and helpless, and that those who took 
them subjected them to a form of trial, they themselves being the 
judges, and shot them in cold blood, in conformity with the 
sentence. If this was so, it was one of those cases at which 
enlightened humanity will shudder, even though it cannot forget 
the fearful list of outrages that provoked it, and the state of inse- 
curity which existed when pro-slavery men were permitted to run 
riot in murder and robbery, and no law to arrest their course. 
Viewing it in this, its true light, we still shudder, but attach the 
blame to the corrupt government and perverted official authority, 
where it belongs. Lynch-law is terrible always ; but Kansas was 
the seat of guerilla warfare, and this was its sternest phase. The 
frightful stories about mutilation were unfounded, as applied to 
this affair. A Mr. Sherman, who was killed at that time, was 
killed by the Camanches, he having gone out to the plains to hunt 
buffalo. The Indians not only killed Lira, but mutilated his body ; 
and his friends, when they found the body, brought it home to 
Potawattomie. The pro-slavery men in the neighborhood took 
advantage of this circumstance to confound this affair with the 
other, and charge it upon the " abolitionists," and it afforded a 
fine theme for war extras alono- the Missouri frontier. Free-state 
men, too, believing the worst pro-slavery version of it, held meet- 
ings and denounced it. 

About this time the committee of Cono;ress were sitting in 
Leavenworth city. The pro-slavery men were anxious to break 
up their investigation. Those who had been engaged in the sack- 
ing of Lawrence, and who had gone over from the north side of 
the river, got to Leavenworth. There, also, came Colonel Wilkes 
27^ 



318 THE CONQUEST OF KANSAS. 

and several other Southerners. As they clustered into Leaven- 
worth the town grew more and more warlike every day. Citizens 
of Leavenworth who were known to be free-state men were notified 
that they must leave the territory. This was the state of affairs 
when the following notice was found posted upon the doors of the 
committee rooms : 

" May 26. Messrs. Howakd and Sherman. 

" Sirs, with feelings of Surprise and Disgust wee have been 
noticeing the unjust manner in which you have been Conducting 
this Investigation. Wee wish to inform you that you can no 
longer sit in this place. 

" Wee therefore request you to alter your Obnoxious course, in 
order to avoid the consequences which may otherwise follow. 

" Capt. Kemp — in behalf of the citizens. 
" Leavenworth City — 1856." 

This passed without note by those to whom it was addressed, 
but it was significant of what was to follow. On the morning of 
the 28th of May, the office of the Leavenworth Herald issued a 
reprint of a violent " war " extra of the Westport paper, the 
design of which was to excite the border men to acts of violence 
against the free-state settlers of Kansas. In the forenoon of that 
day a pro-slavery meeting was held, at which Stringfellow and 
General Richardson were prominent actors. At this meeting it 
was decreed that all persons who had taken an active part as free- 
state men must leave the territory. A list of names of those they 
were most anxious to get rid of was drawn up. 

In the mean time the Kickapoo Rangers, and the young South- 
erners, under Wilkes, armed themselves with the United States 
muskets and bayonets, put into their hands by the territorial offi- 
cers, and began to parade the streets in military array. Guards 
were placed at every avenue of escape from the city, and, as soon 
as this and other steps were taken, the work of arresting began. 
It was noon. The committee had adjourned for dinner, and I was 
proceeding, in company with Mr. Sherman, and some of the 
officers of the committee, when we saw the band of armed men 
parading the streets towards the hotel, or boarding-house, where 



LAW AND ORDER IN LEAVENWORTH. 319 

we stayed. There they arrested Judge Conway, who was acting 
as transcribino; clerk for the commission. He had some of the 
testimony which he was transcribing in his possession, and gave 
this to Mr. Sherman, who occupied a parlor down stairs. Besides 
Conway they took the mail-carrier, who carried between Leaven- 
worth and Lawrence, and another man named Baldwin, who had 
just come to town ; neither of these gentlemen's names were on 
the list which Colonel Wilkes carried. Mr. Sherman stopped at 
the office of JMessrs. Parrot and Miles More. Seeing the armed 
force coming down a street to the right, and knowing that my 
name was on the list, and having also learned that it was not the 
intention that I should leave the territory^ unless I left by a route 
which none of us are in a hurry to travel, I took to the left, and 
avoided them by going through an alley, Mr. Hanscomb of the 
committee considerately going with me. 

The armed band continued on their way down town, and drew 
up before the office of Messrs. Parrot and More, and arrested these 
gentlemen. While the prisoners were placed in line, Mr. Sherman, 
who saw one of the clerks of the commission amongst them, 
demanded of Wilkes if he had any legal process for making these 
arrests, or if it was by any legal authority. Wilkes told him 
" No ;" he had a list of names given him, and those he meant to take. 
The armed party moved on down the street, and arrests were 
made until they had taken tliirt}'- prisoners. These were placed 
in the upper part of a frame building, and guarded. The prison- 
ers were kept till night, and then, as those who took them had no 
means of keeping them, they permitted many of those they had 
taken to get awa}'- under a promise that they would leave the 
territory. Thiit afternoon they entered the committee rooms to 
find me, but I had escaped through their guards, and gone up to 
the fort. They informed the committee that they had a certain 
list of names of men who must leave, and that if they had any 
need for them they must examine them immediately. The com- 
mittee, being unable to carry on an investigation, adjourned and 
proceeded to Westport. The violent proceedings in Leavenworth 
lasted for some time, and had not been fairly settled up to the 
close of July. 



CHAPTEK XXIII. 

CAPTAIN WALKER — THE GOVERNOR ON SHARPE'S RIFLES. 

The good people in and about Lecompton have been afflicted, 
ever since Lecompton grew out of the Bogus Legislature and a 
fifty thousand dollar appropriation, with a desire to " wipe out " 
the " abolitionists," who happened to have claims within a few 
miles of the place. As Lecompton was not a city, except on 
paper, until late in the fall of 1855, it so happened that much of 
the country adjacent was taken by free-state men. The effort to 
dispossess these people caused a great deal of trouble, and their 
presence was a fruitful source of annoyance. Even Judge Le- 
compte, who has an interest in the capital named after him, was 
unable to keep the matter as it should be, although he decided 
cases in an extra-judicial way before they came up, and threw all 
the influence of the bench in favor of " law and order," and the 
interests of Lecompton. When difficulties arise, it is natural, as 
it is providential, that more energetic minds should arise with 
them to solve them, and it is equally natural that these should 
be very thoroughly hated by those in whose way they happen to 
come. 

One of the men whom the pro-slavery party at Lecompton 
learned to hate very thoroughly was Capt. Walker, of the Bloom- 
ington company, a brave Ohioan. The captain had rendered 
himself conspicuous on several occasions, and the enemies of the 
free-state party signalled him out for destruction. Shortly after the 
sack of Lawrence, Colonel Titus, the Floridan, offered three hun- 
dred dollars For his head, although it is doubtful it' he could have 
paid this re.Yurd if it had been claimed. Tlireats were ai^-o made 
that his house should be burned down. Most of these threats the 



CAPTAIN WALKER. 321 

gallant captain had disregarded ; but, one night, there came an 
intimation that looked too true for joking ; the house was to be 
burned down that night ; so the captain sent out to invite his 
neighbors to a cartridge frolic. Amongst others, there was Col. 
ToplifF, who had been appointed by Gov. Robinson to drill the 
military companies and put the volunteers in shape. The colonel 
was a West Point graduate, and knew all the modes in which 
men could be trained to shoot each other scientifically, from the 
old-fashioned sergeant major polka to the Crimea drill. 

On the occasion to which I refer some thirty men had con- 
gregated at Walker's. A dozen of these were stationed in the 
house with Walker, and the remainder, with Topliff, were 
stationed in an empty log cabin close at hand. Captain Walker's 
house stands at the point where the Lecompton road branches 
from the California. There is an upright fence about thirty yards 
in front of the building, which is a log house. Some of the 
chinkino- was knocked from the walls of the house on the night in 
question ; but whether to look out at, or shoot out at, will be seen. 
All remained still about the premises until nearly hiidnight, and 
the watchers had begun to get sleepy, or to think it was a false 
alarm, when some fifteen horsemen came up the Lecompton road. 
When they got in front of Captain Walker's house, several of 
them dismounted, and, drawing their pistols and bowie-knives, and 
endeavoring to sink their humanity down to a point where they 
would not scruple to " kill an abolitionist," they were just on the 
point of pitching in, a portion of the party being in the yard, some 
in the saddle, and some dismounting, when Captain Walker, think- 
ing their demonstrations sufficiently conclusive, gave the com- 
mand "Fire!" and the riflemen in the house began to blaze 
away. 

Never did the touch of the magician's wand make Harlequin go 
through more rapid and spasmodic evolutions than did this crack- 
ing of Sharpe's rifles, these bowie-knife heroes of law and order. 
No one gave the command to retreat ; but that was quite super- 
fluous ; there was a general scattering. One horse fell, shot dead 
in the gateway, and those inside had to jump the fence. One of 
these gentry, in this " ground and lofty tumbling," lost half of 



322 THE CONQUEST OF KANSAS. 

his coat-skirt, which, with a bottle of whiskey in the pocket of 
the same, was left hanging to the fence. Another left his hat, 
and several bowie-knives and revolvers were afterwards fjund in 
the yard. In their anxiety to get off, they ran into Coloriel 
Topliffs company, which they did not see, in the dark, until they 
were close on it. Luckily for them, Topliff had told the men not 
to fire. As soon as the ruffians saw they had got into another 
scrape, they again wheeled to back out of it, but not before two 
of them were captured. 

These gentry protested their innocence of any intentions to do 
wrong ; and, when they were taken to the house to give an account 
of themselves, told half a dozen different stories as to the reason 
of their present whereabouts, each of them being more improbable 
than the other, and none of them exactly agreeing. At length, 
seeing that appearances were too decidedly against them to make 
much by denying it, they admitted the party had come to burn 
the house, but swore that they two, individuall}', knew nothing of 
it when they left Lecompton, or tliey would not have engaged in 
anything so discreditable. One of these worthies was a deputy 
U. S. marshal, and it was ascertained that Governor Sha^nnon's 
son, who officiated as his private secretary, had been with the 
party. It was also ascertained that, besides the horse lying dead 
in the gate, there were some others rendered useless by the opera- 
tion, and, although the parties engaged kept very quiet about the 
business, it was understood that several of them were his, and that 
one man had been severely, if not mortally, wounded. 

The dangling coat-skirt, with its whiskey-bottle, having been 
relieved from the paling, those of the warriors who imbibed 
drank to the success of the defence in border ruffian whiskey. In 
the morning the two prisoners were allowed to go, their captors 
not knowing what to do with them. They were very glad of this 
privilege, and made liberal promises of amendment. But these 
worthless fellows repaid this kind treatment basely. By going. to 
the house they had ascertained who took part in the defence, and 
used this knowledge to predicate writs of arrest. Writs of 
arrest are not hard to obtain in Kansas when a pro-slavery man 
wants to arrest a free-state man. As a consequence, Captain 



THE GOVERNOR ON SIIARPE"S RIFLES. S23 

Walker had to flee from his house and his family, and conceal 
himself in the prairie ravines, or the thickets. Another of the 
persons present was Judge Wakefield. When the old judge 
heard that there was a writ out against him he started for Illi- 
nois, where he intended to " work in the cause " till the storm blew 
over. He was arrested at Leaven v.^orth, while on his way, and 
carried back to Lecompton, but, after a good deal of detention and 
indignity, got away, as the actors in this affair, even with the 
judiciary on their side, had not the impudence to appear against 
him. 

Under these circumstances Governor Shannon became impressed 
with the conviction that it would be a f]food thlnof if he could go 
round amonarst the free-state settlers and take their euns from 
them. This brilliant idea about " putting an end to all trouble," 
had been suggested several times before by the border ruffians, 
but it was only now that Shannon was brought to feel its immense 
importance. He accordingly started in pursuit of arms, especially 
Sharpe's rifles, ignoring the constitutional right to bear arms, and 
the opinion the settlers might have on the subject. Well knowing 
that a simple demand of this kind from him would be apt to be 
treated with contempt by the " abolition traitors," he fortified 
himself with a dozen of dragoons, and a stafi" from the chivalry, 
Colonel Titus being its chief pillar and ornament, his Fidus Acha- 
tes, and legal and military adviser to boot. In taking the field, 
they did not encumber their progress with ambulance, limiting 
the range of this peace-giving mission to the distance they could 
go between times to get hungry. The only articles requiring a 
commissariat were whiskey and brandy, which were never neg- 
lected ; each man, however, providing for himself. 

The governor went from house to house, searching for guns. 
The wonderful zeal displayed on these occasions was highly cred- 
itable to him. He searched, with a vigor which ought to recom- 
mend him for a custom-house officer, in trunks, bureaus, boxes, 
under beds. No place was too sacred or too mean for him to 
poke his nose into. He got a few guns in thie way ; nor was that 
all. There was a camp of the recently-imported Georgians close 
to Lecompton at the time, and they, being well advised as to 



324 THE CONQUEST OF KANSAS. 

what was going on, followed the governor in his rounds, keeping, 
however, "afar oif," and stealing — no, "pressing" what horses* 
there might be about the premises. As the guns were supposed 
to be gone, this was a safe business. Amongst the other houses 
that he entered was that of the murdered Barber. Mrs. Barber 
had returned to Ohio to see her friends, but the brother of the 
deceased and other two men were there. Here the governor rum- 
maged through the whole house, as usual, opening every trunk and 
box save one small box. In this the three men had deposited 
their Sharpe's rifles (for they happened to have them) when they 
saw the o;overnor and drao;oons comino;. This box was hauled 
out, and the gbvernor was eying it very intently, as if he would 
have said, 

" Fee faw fum — 
I smell the blood of an Englishman ! " 

Hereupon, one of the men interfered, and said the box in ques- 
tion " belonged to the Widow Barber, and had been locked by her 
when she went away, but he would break it open," etc. The 
governor concluded to let the box go without being broken open ; 
whether the name of "Widow Barber" grated on his ear, and 
made him willing to go, we can only guess. 

Another young man he came across, and disarmed rather slyly. 
The person in question, knowing that Sharpe's rifles had been pro- 
nounced contraband, and happening to have one, started with it to 
what he supposed to be a place of greater safety. While travel- 
ling, on emerging from a bushy ravine, he was surprised to see 
Gov. Shannon and Col. Titus with their horses drawn up before 
him. His first impression was to turn and escape, but seeing only 
Sharmon and Titus, and happening to remember that if Shannon 
dared to molest him, this would afibrd him an opportunity to shoot 
him and Titus, which he felt was decidedly too good a chance to 
throw away, he strode on. They permitted him to pass them, 
but just as he did so he came on the dragoons, and, being thus 
fairly caught, flight was out of the question. His rifle was added 
to Gov. Shannon's trophies of the war, the youth cursing the 
dragoons generally, and Shannon specially. 



THE GOVERNOR ON SHARPB'S RIFLES. 325 

Thus it was that Gov. Shannon, during his hunt for Sharpens 
rifles, lately, left a streak of glory in his wake that will last long 
after his brilliant political services are forgotten. 

While thus engaged he enquired for many persons whom he 
was pleased to consider dangerous characters, and especially did 
he ask for Capt. Walker, whom he seemed anxious to catch. 
During this " investigation " the governor was often in a situation 
of which it might truly be said, that if he " was na fou, he just 
had plenty." 

" One day an equestrian, tall, stoop-shouldered, and — well — 
not exactly sober man — rode up to the residence of Capt. Thorn, 
which is situated on the California road, a few miles west of Law- 
rence. He had several specimens of the recently imported ' chiv- 
alry ' with him ; imposing men, none of them being of less grade 
than a colonel or a major, and a string of Uncle Sam's dragoons 
behind them, in dirty blue woollen uniform, with dirty white 
facings. The leader of the party drew up his horse at the door, 
and hailed a little girl who appeared. 
" ' Who lives here ? ' 
« ' Capt. Thorn.' 

" ' Who 's Capt. Thorn ? What is he captain of ? — hie — Cap- 
tain of Capt. Walker's company, eh ? ' and the long-backed inter- 
rogator swayed uneasily on his horse. 
" ' No, sir ; he 's an old sea-captain.' 
" ' 0, yes ; where'is he ? ' 
*' • At Lawrence.' 

" ' At Lawrence ! Lawrence ! — hie — Lawrence ! What 's he 
doing there ? Gone to raise a company, eh ? ' 
" < No, sir ; he has gone for lumber.' 

" ' Lumber ! lumber ! What 's he going to do — hie — with 
lumber ? ' 

" ' Going to fence our field, sir.' 

'" Ah ! yes, yes ; well — hie — look here, my little girl ; don't 
you know I 'm Governor Shannon? ' 

" At this point, Mrs. Thorn, who had been at work in the gar- 
den, came up, and the little girl, with admirable naivete, said, 
'Mother — Gov. Shannon.' Here Shannon cordially offered his 
28 



326 T.IIE CONQUEST OF KANSAS. 

Iiancl, but Mrs. Thorn said her hands were all dirty ; she had been 
working in the garden. 

" ' Never mind, ma'am — never mind — I don't care — I don't 
mind dirt, ma'am, at all — hie — I never do. This is Captain 
Thorn's, I believe ? ' . 

*' ' Yes, sir.' 

u < Yery well, ma'am, that 's all right — hie — that's all right. 
You don't keep any Sharpe's rifles, Mrs. Thom, do you ? I 'm out 
to put a stop to all this business, — hie — I 'm — I 'm determined 
to have all the Sharpe's rifles. We have — hie — we have law 
and order in this territory, ma'am, and I'm ' — 

" ' AVe 're peaceable people, sir ; we have no Sharpe's rifles.' 

" ' That 's right, ma'am, all right. I — hie — believe you.' 

" ' Yes, sir ; and we want protection. There have been parties 
— Southerners — about, molesting people and taking horses, sir. 
Can we not be protected from them ? ' 

" ' Certainly, ma'am, certainly. Look here,' turning to that tall 
specimen from Florida, Col. Titus, ' look here, colonel, I say ; I 
want you distinctly to understand — hie — distinctly to under- 
stand, mind — that this good woman and her family are not to be 
molested. Yes, sir — hie — they are to be protected ; mind, this 
house is to be protected. These are law and order folks, sir ; 
they have no — hie — no Sharpe's rifles.' And with these assur- 
ances of protection, and a gallant bow to the ladies that nearly 
precipitated him from his horse, he wheeled about with his cortege 
of Southern bravos and United States dragoons, and rode ofi"." 

The day following he started determined to find Capt. Walker. 
" On that day Major Hoyt stopped for a moment at the house of 
Capt. Thorn, and told them to send over a girl to Capt. Walker's 
to let him know that Shannon and the troops were coming. The 
little girl in question, Miss Dolly Thom, not more than nine or 
ten years old, I should think, went over, Capt. Walker picked 
up his rifle and hid in the ravine. The governor and his troops 
came, searched, found nothing, and went away. Shortly after they 
left, and just as the little girl was about starting home, these 
Georgians came up, and were for taking Capt. Walker's pony, 
that was staked out in the prairie in the front of the house. With 



THE GOVERNOR ON SHARPENS RIFLES. 327 

wonderful tact and coolness, the little girl went to the pony and 
put her arms round its neck, as its head was down, 

" ' Is that your pony, sis ? ' asked one of them. 

" ' Yes, sir.' 

" ' Well, we must have it ; the governor told us we must take 
it.' 

" ' It 's my pony ; you can't have it ! ' 

" Here they threatened her, and one of them, it is said, although 
I can hardly credit it, presented a pistol. The little girl did not 
relinquish her hold of the pony, although she was nearly moved 
to tears. At last one of them said, ' Well, well, sis, you may 
keep it,' and turned away from her. With great coolness and 
prudence, she unloosed its halter, put on Capt. Walker's saddle 
and bridle, and started home with it." 

About the same time a more startling occurrence took place. A 
free-state settler from one of the Western States, named Storrs, 
had a fine claim on Washington creek. A party of Georgians 
camped on the creek, a short distance above him. These fellows 
threatened to burn out and drive off Mr. Storrs. Accordingly, 
they attacked the house one day, or rather made demonstrations 
of attacking it, keeping some little distance off, as the house had 
one or two holes knocked out between the logs where the attack 
was expected, and five of the neighbors had got into it before the 
attacking party came up. The house was, therefore, an ugly 
thing to attack, and the Georgians, who were well armed, but pru- 
dent withal, made their approaches with due caution. A widow 
woman lived on a claim adjoining Mr. Storrs', and, seeing the 
state of affairs, she got a horse and galloped to Lawrence for help. 
There was a company of dragoons on Mount Oread, and although 
they had done nothing towai'ds defending the free-state people, 
yet Col. Topi iff, in the emergency, thought they might be got, and 
went to the officer of the dragoons. That officer happened to be a 
pretty good fellov/, and so he despatched an orderly and two 
dragoons, who, with Col. Topliff, and other two free-state men, 
galloped as quickly as they could to the scene of operations. The 
Georgians, who were on the look-out, saw ^heir approach, and 
retreated before they had been observed by them. Meanwhile, 



328 THE CONQUEST OF KANSAS. 

the Avatcliers at the narrow portals of that squatter's cabin were 
keeping a blight look-out. So far they had kept the Georgians at 
bay, but they expected an attack every moment. As ill-luck would 
have it, the dragoons approached the house from the same direction 
in which the Georgians had been last seen. The besieged, who 
had no idea that the dragoons would come to help them, and who 
did not expect to see their friends come in that way, cried out, 
" Halt ! " when the dragoons were two hundred yards off; but 
the party, anxious to be in time, came on pell-mell, at the gallo[». 
" Halt ! " was again shouted, but as this also was disregarded, and 
as those in the house thought the enemy were near enough, they 
blazed away. In a twinkling, both the foremost dragoons rolled 
over, horse and man, one of them with a bullet-hole in his arm 
and another in his leg ; both horses were wounded, and though 
the other dragoon was not shot, he came down with an emphasis 
that left him stretched for a minute or two senseless. In the 
summersault his sabre flew out of its scabbard, and the scabbard 
bent double. As the bullets were coming too thick to be pleasant, 
Col. Topliff, with his two friends and the orderly, wheeled about 
and galloped back as hard as they came, the Sharpe's rifle-bullets 
going "uzz — uzz — uzz;" there is a fascinating music in a 
Sharpe's rifle-bullet. 

Of course they were fully persuaded that the house had been 
taken by the Georgians, and it was not before next day that the 
mistake was discovered. Luckily, nobody was killed. It was 
only a few days after this that Storrs came into Lawrence, telling 
that the Georgians had attacked his house, and threatened to 
destroy it. A few neighbors were in the house, with his wife and 
two young children. The Georgians Itad stepped out of rifle-shot 
from the house, and Mr. Storrs hurried into Lawrence for assist- 
ance. Almost immediately a volunteer company, of forty-six 
men in all, started for the spot; eight of them being a mile or 
more behind the rest, and taking a different road. Before the 
first party arrived, the Georgians, who had been threatening the 
house, retired, and went up the Wakarusa to a camp. In the 
meantime, the party. of eight came across a party of five Geor- 
gians near the crossing of the Wakarusa, and took them prisoners. 



THE GOVERXOR ON SHARPE'S RIFLES. 329 

They had with them a camp-wagon and three yoke of oxen. They 
were brought up to the house of Mr. Storrs, where the whole com- 
pany had assembled. The leader of these Georgians, a Captain 
Jenigen, of Georgia, one of Buford's men, evinced some anxiety, 
and asked one or two what free-state people did with prisoners, in 
a tone that showed he did not look upon the matter as a joke. 

Captain Jenigen was a young Georgian, rather good-looking, 
although rendered fierce in expression by a red or sandy mustache. 
He had evidently seen better society than that in which he was 
found, for his comrades were a hard-looking set. 

These prisoners were, on deliberation, set at liberty, with their 
goods, including a fine horse the captain had, which some of the 
boys suspected had been stolen, a double-barreled shot-gun, a fancy 
rifle that the captain said was a family-piece, an ornamental 
sword, which the captain said had been given him, as a present, 
by somebody in St. Louis, as his company came up the river. 
In fact, they got all of their own property back, even their arms. 
They denied having been at the sack of Lawrence, or having been 
with those who had attacked Storrs' house. They said they had 
merely stopped at the camp of these Georgians, on their way down 
from One-hundred-and-ten to Franklin. It was very evident that 
they lied in all this. Two kegs of gunpowder were taken from 
them, two Sharpe's rifles that had been stolen, and one of the 
breech-loading rifles taken at Franklin just before Lawrence was 
attacked. Capt. Jenigen was a gentleman, and was evidently 
surprised at the liberality with which he was treated. He said, 
as he prepared to leave, " By G — d, boys, is not this carrying the 
thing too far ? " and then he solemnly promised that those arms 
just returned should never be used against free-state people. He 

cursed Shannon for a d d old fool, and said he had left Bu- 

ford, and was " down on him." He added, with admirable naive- 
te, that he was a gentleman when he was at home. Mr. Storrs 
and family left their prairie home, and returned to Lawrence for 
safety, taking all the furniture they could in their wagons. It 
was a sad scene — that bustling, hurried departure. Once I saw 
Mrs. Storrs wipe the perspiration from her husband's brow, and 
28* 



830 THE CONQUEST OF KANSAS. 

say with that inspiring tone — woman's best gift — " Well, never 
mind ; we will get over this yet." 

It afterwards turned out that this Capt. Jenigen was one of the 
hardest cases in Buford's regiment. Next day after we let him 
go, he robbed a free-state man, on the road, of his horse, watch, 
and money. The day after, he and his men robbed and abused a 
teamster. He was subsequently engaged in some of the most law- 
less outrages, and yet I learn that he is the only son of a respect- 
able family in Georgia. 



CHAPTEK XXIV. 

BATTLE OF BLACK JACK. 

Towards the close of May, 1856, Captain H. C. Pate, with his 
company of " Shannon's Sharp Shooters," went down towards 
Osawattomie. Their business may be inferred from a statement 
of the occurrence published in the Lecompton Union, by Mr. 
Brock, the first lieutenant of the company. He says : 

" We were going down to the southern part of the territory, 
expecting to see rattlesnakes and abolitionists, and took our guns 
along." 

Captain Pate, however, pretended to be an officer under Mar- 
shal Donaldson. Quite likely they belonged to the " militia," as 
they had the United States arms belonging to the territory ; but 
most of them, like their gallant captain, lived in Missouri. Cap- 
tain Pate is a Virginian by birth. He is a good-looking fellow, 
and a man of intelligence. He has been engaged as an editor in 
Cincinnati, and has acted as the Kansas correspondent of the 
Missouri Republican ; for which he provided pro-slavery versions 
of the occurrences in Kansas, he residing in Western Missouri. 
He is a violent pro-slavery man, and has been engaged in the 
lawless inroads on the territory ever since he has lived in the 
Missouri border. He was at the sacking of Lawrence, and distin- 
guished himself chiefly by riding about on a fine horse, he being 
decorated with ribbons. It would be impossible to speak highly 
of the moral character of a man who has participated so actively 
in outrages on an intelligent and moral people. He has the 
bearing of a gentleman, but is either the tool of a corrupt system, 
or is a very corrupt man. 

Directly the reverse of this picture, in many respects, is a 



332 THE CONQUEST OF KANSAS. 

character I must now introduce, — old Captain Brown, or Captain 
John Brown, Sen. Captain Brown moved to the territory from the 
State of New York, early in 1855, but he is by birth a Vermonter. 
He is an old soldier, and was through the war of 1812. Tall 
and stern-looking, hard-featured and resolute, there is something 
in Captain Brown's air that speaks the soldier, every inch of him. 
He is not a man to be trifled with ; and there is no one for whom 
the border ruffians entertain a more wholesome dread than Captain 
Brown. They hate him as they would a snake, but their hatred 
is composed nine tenths of fear. Although the captain is a prac- 
tical man, he is one of those, abstruse thinkers who have read much 
and thought more. In his opinions he is inexorably inflexible, 
and the world generally would pronounce him a " fanatic." He 
is one of those Christians who have not quite vanished from the 
face of the earth, — that is, he asks the blessing of God when he 
breaks his bread, and does not, even in camp, forget his devotions 
in his zeal a2;ainst the border ruffians. There is not a more stern 
disciplinarian in Kansas ; he is a regular martinet, and so care- 
fully can he conceal his quarters, that, when you wish to find him 
when he does not loish it, you might as well hunt for a needle in a 
haystack as for Captain Brown. He is a strange, resolute, repul- 
sive, iron-willed, inexorable old man. He stands like a solitary 
rock in a more mobile society, a fiery nature, and a cold temper, 
and a cool head, — a volcano beneath a covering of snow. Whether 
with reason or not, I cannot say, but he was regarded as a parti- 
cipator, if not leader, in the Potawattomie affair; and, as the 
border ruffians desired to kill him, an object Captain Pate admits 
he had in view was " to capture Old Brown." 

While near Osi^wattomie he contrived to seize two of the old 
man's sons, — Captain John Brown, Jun., who was a member of 
the State Legislature, and Mr. Jason Brown. These were taken 
while quietly engaged in their avocations. Captain Brown, Jun., 
had been up with his company at Lawrence, immediately after the 
sacking of the place, and at the time the men at Potawattomie 
were killed. He had returned home when he saw he could not 
aid Lawrence, and quietly went to work. He and his brother 
Jason were taken by Pate ; charged with murder ; kept in irons 



BATTLE OF BLACK JACK. 333 

in their camp, and treated with the greatest indignity and inhu- 
manity. While Pate was thus taking people prisoners, without 
any legal authority or writs, he was joined by Captain Wood's 
company of dragoons, who, so far from putting a stop to his 
violent career, aided him in it, and took from him, at his desire, 
the two prisoners, keeping them under guard in their camp, 
heavily ironed and harshly treated. While these companies were 
thus travelling close to each other Captain Pate's men burned the 
store of a man named Winer, a German, who was supposed to 
.have been in the Potawattomie affair. They also burned the 
house of John Brown, Jun., in which, amongst a variety of house- 
hold articles, a valuable library was consumed. They also burned 
the cabin of another of the Browns (the old captain has six grown 
sons), and also searched houses, menaced free-state settlers, and 
acted in a violent and lawless manner generally. 

Not being able to find Captain Brown at Osawattomie, Pate's 
company and the troops started back again for the Santa Fe 
road. In the long march that intervened, under a hot sun, the 
two Browns, now in charge of the dragoons, and held without even 
the pretence of bogus law, were driven before the dragoons, chained 
like beasts. For twenty-five miles they thus suffered under this 
outrageous inhumanity. Nor was this all. John Brown, Jun., 
who had been excited by the wild stories of murder told against 
his father, by their enemies, and who was t)f a sensitive mind, was 
unable to bear up against this and his treatment during the march, 
and afterwards, while confined in camp, startled his remorseless 
captors by the wild ravings of a maniac, while he lashed his chains 
in fury till the dull iron shone like polished steel. 

To rescue his two sons from their captors became the determina- 
tion of Captain Brown. Like a wolf robbed of its young he 
stealthily, but resolutely, watched for his foes, while he skirted 
through the thickets of the Merodesin and Ottawa creeks. Per- 
haps it was a lurking dread of Captain Brown's rescuing the 
prisoners that made Captain Pate deliver them to the United 
States dragoons. The dragoons, with their prisoners, encamped 
on Middle Ottawa creek, while' Pate went on with his men to the 
Santa Fe road, near Hickory Point. On the evening of Satur- 



334 THE CONQUEST OF KANSAS. 

day, the 31st of May, he encamped on the head of a small branch 
or ravine, called Black Jack, from the kind of timber growing 
there. His camp was on the head of the ravine, in the edge of 
the prairie, not far from the Santa Fe road, but to the north of 
it. This camp was some five miles east of Palmyra, and nearly 
the same distance in a north north-easterly direction from Prairie 
city. The bottom of the ravine at Black Jack, besides the 
growing timber, had some deep water-drains or ruts, round which 
was a thicket ; there were also several bogs on the spot where the 
camp was. 

On the same night that they pitched their tents on Black Jack, 
Pate's company attacked and plundered the town of Palmyra. 
That night they only got arms and a few other articles. They 
surprised the household of Mr. Barricklon, who keeps a store in 
the place, getting into the house before the inmates awoke. There 
were several men there, but no resistance was offered to Pate's men. 
Not being satisfied, the Missourians returned next morning and 
made a more thorough work of plundering. They took one keg 
of gunpowder, which was in the store, and blew it up in the Santa 
Fe road, just to gratify their reckless disposition. They loaded 
a wagon with plunder, and started back for their camp. This was 
on Sunday morning. 

On Saturday night Captain Shore had been out reconnoitring 
the enemy. Captain Shore is a free-state man, who came from 
Missouri. He was a member of the State Legislature of Kansas. 
He is a quiet man, but brave and resolute. He commanded the 
Prairie city company. The same night Dr. Graham, of Prairie 
city, along with a Mr. Barringer, went to Palmyra to reconnoitre. 
They knew that a band of Missourians was somewhere in the neigh- 
borhood, but did not know where. About nine o'clock at night 
the forces, coming to plunder Palmyra, came across these two men 
and took the doctor prisoner ; Mr. Barringer escaped. The doctor 
was carried prisoner to their camp. They also took a Baptist 
preacher prisoner, the Bev. Father Moore. He was a free-state 
man, but came to the territory from Missouri. He was an old 
man, and was taken while riding down the Santa Fe road towards 
Westport. Some of his captors had known him in Missouri, and 



BATTLE OF BLACK JACK. 335 

tormented him after they had made him prisoner, with a wicked 
refinement of cruelty. They knew he was opposed to drinking ; 
so, when they had taken him prisoner, they seized his person, and, 
putting a tin funnel in his mouth, poured liquor down his throat, — 
the scoundrels swearing that they would " make the old preacher 
drunk." On Sunday they took another prisoner, a free-state man, 
who lived in that neighborhood, an Englishman, named Lymer. 

After dinner, on Sunday, Pate's men wanted to go over to 
Prairie city and plunder it. Pate attempted to dissuade them, 
but some of them would not be dissuaded. Amongst other things, 
they had stolen a number of horses from the free-state men. 
Prairie city is a small place yet, and, fancying that it would be 
easily taken, and that no resistance would be offered, six of Pate's 
men started on the expedition. At the time this party approached 
Prairie city, the people of that place and vicinity were congre- 
gated in the house of Dr. Graham, to hear preaching. They 
could " watch as well as pray," however. There were some twenty 
men present, and most of them, after the old Revolutionary pat- 
tern, had gone to church with their guns on their shoulders. It 
was one of those primitive meetings which may often be found in 
the West, with the slight addition of its military aspects ; simple 
and unostentatious garb ; easy and primi^ve manners ; a log 
house, the ribbed timbers of which gave a rough-cast look to the 
simple scene, with here and there the heavy octagon barrel of a 
long Western rifle, or the smooth barrel of a shot-gun, were visible 
where they leaned against the wall, ready for action. The 
worshippers were nearly through with their devotions, and the 
closing psalm was echoing through the timbers of that log house, 
to one of those quaint old melodies to be found in the Missouri 
Harmony, when the sacred strain was snapped by another " Mis- 
souri Harmony." A watcher entered, saying, 

" The Missourians ! — they are coming ! " 

Never was a congregation dismissed on shorter notice. The 
holy man forgot the benediction in remembering his rifle. The 
six ruffians had galloped up, when the congregation, suddenly 
rushing out, surrounded them. Two of the number, who were a 
little back, wheeled their horses and galloped off, more than one 



836 THE CONQUEST OF KANSAS. 

bullet going whizzing after them ; but, thanks to their fleet steeds, 
or their enemies' hurried shooting, they got off scathless, and 
got back and told a frightful story to Pate about the other men 
being killed — " horribly ! " etc. 

The other men were merely taken prisoners of war. One of 
them, however, had come very near getting his quietus. A son 
of Dr. Graham, a boy of about eleven years, seized his father's 
double-barrelled gun at the first alarm, and hurried out to the 
fence, the Missourians, who were thus all taken aback, being im- 
mediately outside of it. The darin» boy, with his Irish blood up, 
went within three rods of them, and, poking his gun over the fence, 
took deliberate aim at one of the men, and would have fired the 
next moment, — for Bub was not enlightened in the mysterious 
" articles of war," — when a free-state man put aside his gun, and 
said, 

" Bub, what-are you doing? " 

" Goins; to shoot that fellow." 

"You mustn't." 

Bub shook his head and began to put up his gun again, mut- 
tering, 

" He 's on pap's horse." 

Bub remembered ^hat his "pap "was then a prisoner in the 
enemy's camp, if not killed, and he felt that important interests 
were devolving on him, and must, not be neglected. The names 
of three of the men taken were Forman, Luck and Hamilton ; the 
name of the other I forget. They all lived about Westport. 

Through the whole of that Sunday night did Captain Brown's 
and CHptain Shore's company hunt for Captain Pate, but their 
search was unsuccessful. As the gray dawn of Monday morning, 
June 2d, glimmered in, they had returned to Prairie city, when 
two scouts, Messrs. McAUiston and Hill, brought the tidings that 
the enemy was encamped on the Black Jack, some four or five 
miles off. A small party was left to guard the prisoners, and the 
remainder immediately took up their line of march for the enemy. 

Of those who thus left Prairie city. Captain Shore's company 
numbered twenty men, himself included, and Captain Brown had 
nine men besides himself. They rode towards the Black Jack. 



BATTLE OP BLACK JACK. 337 

Arrived within a mile of it, thej left their horses and two of their 
men to guard them. They despatched other two messengers, one 
to Pahiiyra for help, and another to Captain Abbott's company, 
some eight miles off, on the Wakarusa. The remainder, twenty- 
six men all told, in two divisions, each captain having his own 
men, marched quietly forward on the enemy. 

On Sunday night there were sixty men in the pro-slavery camp 
on the Black Jack. Coleman, the murderer of Dow, and a num»- 
ber with him, had reinforced Pate. Late on Sunday night five 
or six pro-slavery men left the camp ; but, on the morning of the 
second June, they had upwards of fifty well-armed men in martial 
array. Three or four wagons had been drawn up in a line, as a 
part of breastwork, several rods out on the praii-ie from the 
ravine, and one of the tents was there. Such was the state of 
affairs when the outer picket-guard, about six o'clock in the 
morning, galloped in and reported, 

" The abolitionists are comino; ! " 

" Where — how many ? " and there were a hurrying to and fro, 
and seizino; arms. 

"Across the prairie — there's a hundred of them," cried the 
frightened border ruffian, whose fears had multiplied the approach- 
ing force by four, and who probably had never stopped to examine 
carefully or count, but had galloped off as soon as he caught the 
first glimpse of them. 

Captain ''Pate's position at Black Jack was a very strong one. 
It afforded shelter for his men, and, except by a force coming up 
the ravine or stream from the timber at Hickory Point, had to be 
approached over open prairie, sloping up from the place where the 
Missourians were posted. When the alarm vras sounded, Captain 
Pate drew up his men in line behind the breastwork of wagons. 

W^hen they neared the enemy's partition Captain Brown 
wished Shore to go to the left and get into the ravine below them, 
while he, with his force, would get into the upper or prairie part 
of the ravine, in the bottom of which was long grass. As the 
ravine made a bend, they would thus have got in range of the 
enemy on both sides, and had them in cross fire, without being in 
their own fire. Captain Brown, with his nine men, accordingly 
29 



338 THE CONQUEST OF KANSAS. 

went to the right. Captain Shore, with more bravery than mili- 
tary skill, api^roached the foe over the hill to the west of their 
camp, marching over the prairie up within good range, fully 
exposed, and with no means of shelter near them. 

"Who comes there? What do you want?" cried Captain 
Pate. 

" When I get my men in line I '11 show you," cried the gallant 
Captain Shore ; and, true to his word, without waiting for or 
wanting any humbug parley, .the gallant band poured in a volley 
on the Missourians, who were drawn up behind the wagons, the 
latter instantly returning it. 

Volley after volley pealed through the air, and echoed from the 
ravine at Black Jack away up to the dense timber at Hickory 
Point. Meantime, Captain Brown had hurried into the ravine on 
the right of Shore, and, posting his men well, began to discourse 
the " music of the spheres " from that quarter. 

" We 're whipped ! we 're whipped ! " yelled the Missourians, 
before the battle had lasted ten minutes, and, breaking from the 
wagon, they retreated to the ravine and concealed themselves 
there, some seven or eight of them being wounded. One was shot 
through the mouth by a Sharpe's rifle bullet. He had been 
squatted behind the wagon wheel ; the ball hit one of the spokes, 
shivering it, and the border ruffian, in trying the juggler's feat of 
catching it in his mouth, got it lodged somewhere away about the 
root of the tongue, or the back of his neck. Another was shot in 
the upper part of the breast, or the lower part of his neck, the 
bullet descending, and lodging in his back. Another, Jim McGea, 
of Westport, was wounded in the most uncomfortable manner. 
He, with several others, who were also wounded, left their camp 
by the eastern side and rode away, like other Hampdens, leaving 
the battle-field ; but, 0, how unlike Hampdens in anything else ! 

After Pate's men retreated to the ravine, he endeavored to 
rally them, and a fire was kept up from the ravine where they lay 
concealed, and from which they could shoot in comparative secur- 
ity, although the bullets were whistling over their heads at a 
fearful rate. And soon the position of Captain Shore was found 
to be hazardous and critical ; fullv exnosed to an enemv who could 



BATTLE OF BLACK JACK. 339 

shoot at his men almost without running risk, they began to give 
way, and soon they had nearly all retreated some two hundred 
yards up the slope, on to the high ground where they were out of 
range. Captain Shore, however, and two or three of his men, 
went over and joined Brown, where the force lay in the long 
grass, firing down the ravine. While this firing was going on, to 
little purpose on either side. Captain Brown went after the boys 
on the hill. Some few of them had gone off after ammunition ; 
one or two of them were sitting in the grass fixing their guns. 
Finding that they could not be brought up again to a charge, he 
led them rather nearer the enemy, and induced them to shoot at 
the horses of the enemy, which were over the ravine, at long shot. 
This he did to get up their spirits, as most of them were mere 
boys, and to intimidate the enemy. He returned to the ravine. 
The firing was still kept up. It is proper to state that Brown 
and Shore's men had but four guns of long range ; there were 
only three or four Sharpe's rifles in both companies. 

While the firing was going on, one of Pate's men got up and 
swore he would see to the 23risoners. A guard had been stationed 
to watch the three prisoners, the tent in which they were being 
the most exposed part of the camp. This guard was .in great 
trepidation. The prisoners had thrown themselves on the ground, 
and the trembling guard also lay down, taking care to get the 
person of Dr. Graham between his own precious carcass and the 
enemy. So matters were when the rufiian to whom I have 
alluded went to the tent with fierce oaths. Dr. Graham saw him 
approach with ferocious expression, and, just at that moment, the 
ruffian raised his pistol, aiming at the doctor, who gave a spring 
just as the piece went off; the ball hitting him in the side, inflict- 
ing a flesh wound. Graham sprang into the ditcli of the ravine, 
and, as he did so, received another ball in his hip. He broke from 
the camp, and fled, fifteen pistol-shots being fired after him by the 
person who first attacked him and the guard. He got ofl" without 
further injury, and joined his friends on the hill. 

The firing had lasted three hours. Only two free-state men 
were wounded. One of these, Mr. Carpenter, was shot in the arm 
in the early part of the engagement. The other, Mr. Thompson, 



340 THE CONQUEST OF KANSAS. 

a young man with a great exuberance of spirits, kept springing 
up in the grass, shouting and firing his gun, when, on one of these 
occasions, he was struck by a ball in the side. Luckily it glanced 
off the ribs, or it would have killed him ; as it was it inflicted a 
severe wound, and two of his fi'icuds had to take him off the 
field. There were now only nine free-state men in the ravine keep- 
ing up a fire, and about as many more on the hill, three hundred 
yards from the enemy, who kept firing at the horses, and occa- 
sionally making a sally, but never near enough to do much mis- 
chief. Frederick Brown, one of the captain's sons, a half-witted 
lad, stood on the brov/ of the hill midway between the two divis- 
ions of the free-state force. He was in full view of the enemy, 
and had got a sword, which he was brandishing in the air, and 
shouting, " Come on ! " as if he had a regiment behind him. His 
manoeuvres and demonstrations had a powerful effect on some of 
the most timid of the enemy. The pro-slavery men in the ravine 
were getting discouraged ; they dared not venture out of their 
shelter, and the bullets were making ugly music in it. They 
knew that the free-state men might receive reinforcements at any 
moment. .In this view of the case they began to drop off. One 
by one they would slip down the ravine till they were out of 
range, and then get their horses, which were on the eastern side, 
and gallop away. The fi-ee-state men had no cavalry force in the 
field, and no men to spare in any shape from where they were, or 
thej^ would have prevented this. Some one or two of them had 
started off to get help the moment the party retreated to the 
ravine. Those who went subsequently pretended to be going for 
help, also ; 'but there is no doubt their individual safety was 
the great consideration. One or two went off when they were 
wounded. lu fact all the wounded pro-slavery men had thus rid- 
den off but two, and these lay helpless, looking as if they might 
" go off" in another way. 

The bravest man in the pro-slavery camp was a young South- 
erner, named James. Whether this was his first or second name 
I do not know; but he was a gallant fellow. The tent, where 
they had ammunition, was out of the ravine, and exposed to shot. 
To this James went, on several occasions, for supplies. 



BATTLE OF BLACK JACK. 341 

At last Captain Pate sent this James and their prisoner 
Lymer out with a flag of truce. These walked up the slope 
together towards the free-state men, who, regarding the white 
flag as a surrender, ceased firing. When they reached Captain 
Brown, that personage demanded of James if he was captain of 
the company. James replied, " No." 

" Then," said Captain Brown, " 3'ou stay here with me, and let 
Mr. Lymer go and bring him out. I will talk with him." 

Tlius summoned, Captain Pate came out; and, as he approached 
Captain Brown, began to say he was an officer under the United 
States Marshal, and that he wanted to explain this, as he sup- 
posed Capt. Brown would not continue to fight against him if he 
knew it. He was running on this way when Brown cut him short : 

" Captain, I understand exactly what you are, and do not want 
to hear more about it. Have you a proposition to make to me ? " 

" Well, no — that is" — 

" Very well, captain," interrupted Brown, " I have one to make 
to you — that is, your unconditional surrender." 

There was no evading this, and just as little chance to make a 
fool of old Brown, who, pistol in hand, returned with James and 
Captain Pate to their camp in the ravine, where he repeated his 
demand for the unconditional surrender of the whole company; 
which was complied with. There were only nine free-state men in 
the ravine, or in sight, when this was done ; four of these, by 
Brown's orders, remained where they had been stationed. The 
rest, five. Captain Brown included, received the surrender of the 
arms and persons of twenty-one men, besides the wounded. A 
large number of arms were obtained, some of which had been 
taken from Lawrence, and some at Palmyra, twenty-three horses 
and mules (some of the horses had been killed by the boys when 
firing at them from the hill), wagons, provisions, camp -equipage, 
and a considerable portion of the plunder taken at Palmyra, and 
some of that taken during the sack of Lawrence. One di*um, 
that was taken, was riddled with bullet-holes, and all the wagons 
were more or less injured by the bullets. 

The prisoners being now disarmed were ranged in file by the 
slender band of captors. The boys on the hill were induced to 
29* 



342 THE CONQUEST OF KANSAS. 

come in, sjvelling the free-state force to sixteen ; and soon the 
remainder of those ^vho had been in the battJe when it commenced 
began to crowd in, as did many others. In about half an hour 
after the surrender, Captain Abbott, who had commanded the com- 
pany who rescued Branson, and who now commanded a company 
from the Wakarusa, of fifty men, came up with his company. 
Brown marched witli the prisoners and spoils for his own camp. 
All of that afternoon men were coming in ; but the game was 
over. Towards night those who had started from Lawrence be- 
gan to get to Brown's camp. The wounded pro-slavery men were 
taken to the residence of Dr. Graham, at Prairie city; and the 
doctor, though wounded himself, attended to them, as did others. 
It was expected that two of the Missourians would certainly die. 



CHAPTER XXV. 

BATTLE OF FRANKLIN. 

Almost immediately after the battle of Palmyra some motive 
power that lay behind the dragoons sent them trooping down in 
the direction where Capt. Brown was supposed to be. But it 
must not be supposed that all the soldiers sympathized with this 
persecution of the free-state cause. One subaltern officer met a 
free-state man, and, supposing he would have means of finding the 
party, told him to go down and tell Capt. Brown that they were 
coming. Another officer, who had come upon a fragment of a 
free-state camp, and who saw their rough camp life and hard fare, 
swore, on his honor as a soldier, that it looked too much like the 
days of Marion and his men. He asked how they were off for 
ammunition, and, learning that they were none too well supplied, 
slipped five dollars into their hands to get more. Other officers 
there were who had violent pro-slavery proclivities, and who not 
only executed their hard orders against the settlers of Kansas, but 
exceeded them, and acted in a lawless and irregular manner, which 
would have brought condign punishment on their heads but for 
the unsettled state of the country and the impossibility of punish- 
iaor crimes against free-state men. 

Bands of roving free-state men began to concentrate towards 
Franklin, the Wakarusa, Hickory Point, and Bull Creek, on the 
Shawnee reserve. It was at Franklin the Southerners first began 
to muster, and they were clustering there before the battle of 
Black Jack. Buford's men and some Missourians were there for 
nearly a week in martial array, and evidently in full communica- 
tion with the other parties coming into the territory and forming 
in it. They had a brass six-pounder, and a larsxe quaniily of nm- 



344 THE CONQUEST OF KANSAS. 

munition and camp provisions. They had been taking prisoners, 
and had a free-state man in their guard-house on the night of the 
4th of June. 

To attack this point, take the ammunition and the caruion, and 
make the place a dangerous one for those who had thus taken pos- 
session of it, was the policy of the companies of free-state rangers. 

Franklin lies four and a half miles south-east of Lawrence, near 
the W*akarusa. It has, on more than one occasion, been used as 
a camp by the border ruffians, and is the base of operations against 
Lawrence by bands coming from Westport or IndeiDcndence, Mo. 
During the Wakarusa war Franklin was, in point of fact, pro- 
slavery head-quarters. At the sack of Lawrence it was the seat 
of a mischievous camp, which formed a rallying point for those 
who came from Missouri, and at that point the Lawrence supplies 
were intercepted, and arms, provisions and goods, taken. 

It was clearly foreseen that there was likely to be fighting 
towards Palmyra or somewhere in that direction, but it was 
deemed advisable not to leave a fire in the rear. It was likewise 
possible that Lawrence would be attacked again, even by a small 
party, if the men were to leave it. It was therefore secretly 
resolved that Franklin should be attacked and disabled. The recent 
battles and skirmishes had put the pro-slavery men on their guard. 
There were twenty-three pro-slavery men, partly Missourians, 
partly Georgians and Alabamians, in the guard-room where they 
were posted. Sam Salters was with them. Besides these there 
was a pretty fair sprinkling of the pro-slavery residents of the 
town. 

As it was supposed that the force in Franklin was much 
larger than it really was, the first determination was to have a 
sufficient force to meet any emergency. The affiiir was bungled. 
The person who had undertaken its management had botched 
it, or rather had been too indolent to take the proper steps to 
secure concert of action. The Wakarusa company was to come 
up and attack on one side, and the Lawrence boys on the other; 
but they had no means of knowing the movements of the other 
party, or at what time they were to unite in attack. Neither was 
■-'■' -'tion of the forces made so that they could both attack 



BATTLE OF FllANKLIN. 345 

without getting into eacli other's fire. The intention was to take 
the gun, but no provision was made to ensure its being got off. A 
company of dragoons was camped on Mount Oread, only a few 
miles off, and might come down at any moment. 

In Lawrence all was mystery. Those few who knew of it could 
get no information as to how the thing was to be done, or who were 
going. After dark, nearly all who had contemplated going sup- 
posed that the expedition had been abandoned. A few, however, 
were determined it should not be ; they declared they would 
go if no others went. "These boys from the Vvakaru.-^a will be 
there, and may get in a scrape, and we must go ; " so said some, 
and some few did go. About a dozen went in one lot, nearly all 
of them officers of some kind ; stragglers by twos and threes went 
after them. 

About sixteen of the Lawrence boj^s mustered in what would 
be the suburbs if the place were not altogether rural. Part of 
these were left to guard the outlet towards Lawrence, 

It was as dark as Erebus, and a little before two in the morn- 
ing of the 4th, when the little party defiled by the ridge on which 
the town stands, and entered the streets of Franklin. The other 
company had got a guide, and were to be at the point at the same 
hour, but owing to the darkness had lost the way, and were stum- 
bling in the ravines to the south of the town, down towards the 
Wakarusa. The first-mentioned little party, as gallant fellows as 
ever stood before a breach, calmly walked up the street to the spot 
where they heard the cannon was, for the purpose of taking it and 
the amnmnition without firing, if possible. 

But the cannon was not to be found ; in fact, nothing was to be 
found, or was where it should be. For more than an hour those 
who had arrived were marching about seeking for something 
they could not find, or ascertaining the position of the enemy; 
and before operations had been commenced the pro-slavery men 
were wide awake and ready. They kept in-doors, which clearly 
showed their discretion. Those in the guard-house were all on 
the qui vive. They had received notice of what was coming, and 
had their brass cannon posted in the door and loaded with an 
affectionate reheard for abolitionists. 



346 THE CONQUEST OF KANSAS. 

It was at last ascertained that the guard-house must be assailed, 
and at it they went. In front of the guard-house they were hailed, 
and the leader of the free-state rangers demanded that they 
should surrender. Again they were hailed ; again the demand to 
surrender was made, when the guard fired on them. The rangers 
poured in a volley ; it was returned At this stage of the game 
something occurred which, with better gunning, might have been 
serious. That it happened without killing several free-state men is 
almost miraculous. These were just across the street from the 
guard-house, and but few shots had been fired, when the six-pound 
howitzer, the muzzle of which was pointed out of the guard-house, 
was discharged. It was fired rather obliquely, and missed the 
party, being also a little too high. What it was loaded with 
Heaven only knows ; probably shingle-nails, horse-chains, or the 
refuse of a blacksmith shop ; for such an infernal noise has not 
been heard since the siege of Sevastopol, as when the missiles 
went whistling by. 

The firing from both sides continued with great rapidity, the 
bullets whistling about like hail. The pro-slavery men in the 
other houses commenced firing on the free-state men, who had 
assailed, or wanted to assail, nothing but the guard-house. The 
fifteen, finding it pretty hot, lay down fiat in the streets, and the 
fire continued for nearly an hour — they hoping their friends 
would come up, when they would make an attack on the guard- 
house. 

Now this kind of work was decidedly interesting. A man of 
squeamish morality, or weak nerves, or who was "conservative," 
had better be in his bed. There is something confoundedly radi- 
cal in a bullet; and, if it be a Sharpe's rifle bullet, it is perfectly 
fanatical. They are musical — decidedly. The boys got divided, 
— in fact, they wore never all to2;ether, — and when the firinor bec^an 
it was not safe for anybody to be poking about anywhere, for the 
bullets were going in all directions. Major Uedpath was sent after 
the other company ; but he might as well have been sent after a rifle- 
bullet, or to dive through the muddy Kaw after a catfish. In spite 
of the serious nature of the case, the boys in the street could not 



BATTLE or FRANKLIN. 347 

help laughing at his rashness. Pie mounted a horse and deliber- 
ately rode up the. street, where the balls were whistling about too 
plenty to be pleasant, his horse kicking and plunging, and finally he 
got in full range with the fire of his own friends, and had to back 
out ; whereupon he dismounted and led his horse down the street 
again. 

One very cautious gentleman, when the firing began, made his 
exodus on the crawling plan. He said he was " going for assist- 
ance," but was not heard from afterwards that day. But nearly 
all acted with the coolest intrepidity. They loaded and fired with 
as much exactitude as if they had been on parade ; only they were 
lying flat on their bellies, and had no particular inclination to 
resume the perpendicular. That is one advantage of a Sharpe's 
rifle. You can lie as flat as you please, poke out your gun before 
you, shove in the cartridges from behind, and fire away as long as 
you have any cartridges left. 

It was a most magnificent spectacle, — the sheets of livid fire 
in the darkness of the night. The streets were momentarily lit 
up when two or three happened to go off together, but there was 
no attempt at regularity. 

G aided by the firing, the Wakarusa men found their way to 
Franklin; but, although the flashes lighted the streets of Frank- 
lin, this latter company, having had no proper understanding 
or concert of action, as the balls were whistling in all directions, 
and as they were as likely to be shot by their friends as their 
enemies, scarce knew how to advance. One thing, however, they 
did know, — the Buford men had most of their stores in a place 
near where they came up. From this they obtained a large quan- 
tity of powder, shot, and caps, a lot of provisions, and a few 
Sharpe's rifles, and some of the old breech-loading alligator guns 
that had been taken at Franklin previous to the burning of Law- 
rence. 

In this place there were stores of all kinds, and the bulk 
of what was got consisted of flour, bacon, coffee, sugar, and 
other "law and order" condiments, which Buford had stored at 
Franklin for the faithful, little thinking that the "abominable 



848 THE CONQUEST OF KANSAS. 

abolitionists" were going to lay their "appropriation clause" 
[i. e. claws) on them. 

A wagon was loaded with these, and, as day was approaching, 
and the United States dragoons might possibly interfere, beino" 
within hearing, this company made off toward the Wakarusa, on 
the road to Palmyra. Two or three wagons could have been 
loaded if they had been there. 

Thus the Wakarusa company attended to the stores, while those 
in town kept up the fire. This was the only part of the proceed- 
ing that was done according to agreement ; the Lawrence boys, 
having brought no teams with them, had not calculated on doing 
anything but fighting. 

The firing in the streets of Franklin ceased. Day was begin- 
ning to come on, and reveal the shady outline of timber on the 
Kaw. The pro-slavery men did not surrender, but dared not 
return the fire, and the others ceased when they did. In fact, the 
Southerners in the little guard-house began to "vamose the ranch" 
when the firing got too hot, the house in question being fairly 
riddled. When daylight began to come in the enemy had evac- 
uated, save one, who was so badly wounded he could not get away. 
He died next day. Two Carolinians, a Georgian, and an Ala- 
bamiiin, were wounded, according to the accounts published in the 
pro-slavery papers, besides Tischmaker, who was killed. They 
represented that the town had been attacked by a hundred or two 
hundred abolitionists, and I don't blame them; for fifteen men 
with Sharpe's rifies can make noise enough for a hundred. The 
free-state prisoner made his escape from the guard-house in the 
morning. His clothes had been cut by the bullets of his friends. 
No free-state man was even wounded; which, from the nature of 
the engagement, is almost incredible. 

And now those in the town were in an awkward jircdicamcnt. 
The cannon had been captured and lay deserted at the door of the 
guard-house; but they could not carry it, of course, and had no 
team to take it away. Besides, the dragoons were encamped 
close to the way they must return, and they wished merely to 
enter Lawrence as quietly as they had left it, and had no 



BATTLE OF FRANKLIN. • 349 

desire to take the gun there. Under these circumstances they 
evacuated the place. 

One incident I had almost forgot, which will show the small 
amount of blood-thirstiness manifested by the free-state men. 
After the cannon had been discharged a man was bold enouo-h to 
step out to load it. A free-state man who had crept up was close 
to him when he came out, and said sharply : 

" D — n you, load that gun if you dare ! " and, instead of shoot- 
ing him, which he vrould have had to do very deliberately, as he 
was very close, he gave him a smart blow with the butt of his 
rifle, and drove him into the guard-house, adding : 

" J) — n you, get in there ! " 

Bullets whistled about this fellow's ears ; but in the darkness 
he was not shot. Another man came out to load it afterwards, 
when the bullets whistled about him rather briskly, and one of 
them took off his ear. That was rather close shooting, and the 
fellow dodged in, dciubtless having heard something. 

The Lawrence bovs left Franklin on the mornino; of the fifth 
of June, not exactly in military order. In fact, no one knew 
when they did go. They melted away with the darkness, and 
dropped into Lawrence one by one ere the quiet, staid citizens of 
that place were fairly out of bed, or before the gossips could collect 
in front of the post-office to inquire, " Ho ! did you hear of that 
affair at Franklin?" 

The officer commanding the dragoons on the Oread heard the 
roar of the cannon, and, springing up, his camp was soon in 
motion; he telling the orderly to have the men ready, while he 
ran to the brow of the hill to listen. He could hear the crackinsr 

o 

of the rifles in the distance, and could guess what it meant ; but 
very judiciously staid where he was, and permitted his men to 
stay. After daj'light two pro-slavery men from Franklin rode 
up to his camp, and wanted him to come down with his dragoons, 
complaining bitterly of the " abolitionists." The officer replied 
by pointing with his hand down to Lawrence, where the black- 
ened ruins of buildings were visible, and said: 

" Look at that I vdio begun it ? " 

And now the reader will excuse me for writing of events which 
30 



350 THE CONQUEST OF KANSAS. 

transpired rather before the dates of which I have been writing. 
T mentioned the arrest of Gov. Ptobinson at Lexington. This 
was without a warrant. He was retained by violence until Gov. 
Shannon had made a requisition for him to Gov. Price of 
Missouri, which Shannon did before any process had been 
issued by any territorial court against him. The pro-slavery 
men had determined he should be taken, and Shannon scrupled 
at no step, and faltered at no irregularity, which could secure 
this purpose. 

Shortly after Robinson was taken, G. W. Brown, Esq., of the 
Herald of Freedom, and Mr. Gaius Jenkins, who had driven 
down Gov. Reeder in his carriage when that personage escaped, 
were arrested by a mob at Kansas city, and, without any 
requisition, carried violeatly into the territory and surrendered 
up, by the lawless men who took them, to the authorities of the 
territory. These two men, after having been detained for a 
short time in Westport, were taken to Lecompton. Gov. 
Robinson was taken up the same way until they arrived within 
a short distance from Franklin, when orders came to go imme- 
diately back. At first it was ihonght that this alarm was 
needless; but it was well grounded. Two or three companies of 
men were watching the Santa Fe and California roads, and, had 
they come on, he would have been rescued to a certainty. He 
was finally sent up the river to Leavenworth, — was retained there 
for a week, and while there Stringfellow tried to get up an excite- 
ment to have him lynched. Had ihey made such an attempt, he 
probably would have been rescued. He was finally sent to 
Lecompton, Judge Lcconipte refusing to liberate him or any other 
of the political pri^iouers on bail. 

These prisoners were therefore confined at Lecompton in prison- 
tents, guarded by United States dragoons. The prisoners were 
Governor Charles Robinson, General G. W. Dietzler, Judge G. 
W. Smith, and G. W. Brown, Esq. To these were added Cap- 
tain John Brown, Jr., and Mr. Williams, members of the Legis- 
lature. 

I subjoin two of the indictments; the first against several 
persons for " high treason," the other for usurjiing office : 



BATTLE OF FHANKLIN. 351 

" UNITED STATES OF AMERICA. 
'* TERRITORY OF KANSAS, COUNTY OF DOUGLAS : 

" hi the First District Court of the First Judicial District of the 
Territory of Kansas. April Term, a. d. 1856. 

"The Grand Jury of the United States of America, within and 
for the First Judicial District, Douglas County, Territory of Kan- 
sas, sworn to inquire upon their oath, present, that Andrew H. 
Reeder, Charles Robinson, James H. Lane, George W. Brown, 
George W. Dietzler, George W. Smith, Samuel N, Wood, Gaius 
Jenkins, late of the County of Douglas, First Judicial District of 
the Territorj" of Kansas, owing allegiance to the United States of 
America, wickedly devising and intending the peace and tranquil- 
lity of the said United States to disturb, and to prevent the exe- 
cution of the law thereof, within the same, to wit : A law of the 
said United States entitled an act to organize the Territories of 
Nebraska and Kansas, approved May SO, 1854, on the j&rst day 
of May, the year of our Lord one thousand eight hundred and 
fift^'-six, in the county, district, and territory aforesaid, and within 
the jurisdiction of this court, wickedly and traitorously did intend 
to levy war against the said United States, within the same, and 
to fulfil and bring to effect of the said traitorous intention of him, 
the said Andrew H. Reeder, Charles Robinson, James H. Lane, 
George W. Brown, George W. Dietzler, George W. Smith, Samuel 
N. Wood, Gaius Jenkins ; afterwards, that is to say, on the seven- 
teenth day of May, in the year of our Lord 1856, in the said 
district, county,. and territory aforesaid, and within the jurisdiction 
of this court, with a great multitude of persons, whose names are 
to the said grand jurors unknown, to a great number, to wit : the 
number of one hundred persons, and upwards, armed and arrayed 
in warlike manner, that is to say, with guns, swords, pistols, artil- 
lery, and other warlike weapons, as well offensive as defensive, 
being then and there unlawfully and traitorously assembled, did 
traitorously assemble and combine against the said United States, 
and then and there with force and arms, wickedly and traitorously 
and with the wicked and traitorous intention to oppose and pre- 



352 THE CONQUEST OF KANSAS. 

vent, by means of intimidation and violence, the execution of said 
law of the said United States, within the same,, did array and ex- 
pose themselves, in a warlike and hostile manner against the said 
United States ; and then and there, with force, and in pursuance 
of such, their traitorous intentions, they, the said Andrew H. 
Reeder, Charles Robinson, James H. Lane, George W. Brown, 
George W. Smith, George W. Dietzler, Samuel N. Wood, and 
Gaius Jenkins, with the said persons so as aforesaid, traitorously 
assembled, armed and arrayed in manner aforesaid, wickedly and 
traitorously did levy war against the said United States, and 
further to fulfil and bring to effect the said traitorous intention 
of him the said Andrew H. Eeeder, Charles Robinson, James H. 
Lane, George W. Brown, George W. Smith, George W. Dietzler, 
Samuel N. Wood, and Gaius Jenkins ; and, in pursuance and in 
execution of the said wicked intention and traitorous combination, 
to oppose, resist, and prevent, the said law of the said United 
States from being carried into execution in the territory and dis- 
trict aforesaid, they, the said Andrew H. Reeder, Charles Robin- 
son, James H. Lane, George W. Brown, George W. Smith, Geoi-ge 
W. Dietzler, Samuel N. Wood, and Gaius Jenkins, afterwards, to 
wit, on the 20th day of May, A. D. 1856, in the territory, dis- 
trict, and county aforesaid, and within the jurisdiction of the said 
court, with the said persons whose names to the said grand jurors 
aforesaid are unknown, did wickedly and traitorously assemble 
against the said United States, with the avowed intention, by force 
of arms and intimidation, to prevent the execution of the said 
law of the said United States within the same, and with the inten- 
tion then and there and thereby to subvert the government and 
law, and of the said United States, in the said Territory of Kan- 
sas ; and in pursuance and execution of such, their wicked and 
traitorous combination and intention, they, the said Andrew H. 
Reeder, Charles Robinson, James H. Lane, George W. Brown, 
George W. Smith, George W. Dietzler, Samuel N. Wood, and 
Gaius Jenkins, then and there, with force and arms, with the said 
persons to a great number, to wit : the number of one hundred and 
upwards, arm.ed and arrayed in a warlike manner, that is to say, 
Avith guns, pistols, swords, artillery, and other warlike weapons, 



BATTLE OF FRANKLIN. 353 

as well offensive as defensive, and then and there unlawfully and 
traitorously assembled for the purpose and design of overthrowing 
and subverting by force and violence the Government of the said 
United States in the Territory of Kansas aforesaid, contrary to 
the form of the statute in such case made and provided, and also 
against the peace and dignity of the United States of America. 

"A. G. ISACKS, 

" United States Attorney for the Territory of Kansas " 



" THE FREE-STATE GOVERNMENT PRESENTMENT OP THE GRAND 

JURY. 

"TERRITORY OP KANSAS DOUGLAS COUKTT, SS. 

" The First District Coiirt, Adjouriied Sessio?i of Api'il Terin^ 

A. D. 1856. 

" The Grand Jurors for the Territory of Kansas, Douglas 
Count}'-, sworn to inquire upon their oath, present : that, whereas, 
by an act of Congress entitled an act to organize the Territories 
of Nebraska and Kansas, approved May 30, 1854, among other 
things it was provided in substance as follows, to wit : ' That the 
executive power and authority in and over said Territory of Kan- 
sas shall be vested in a governor, who shall hold his office for five 
years, and until his successor shall be appointed and qualified, 
unless sooner removed by the President of the United States.' 
And by another section of the same act, among other things, 
it was provided as follows, to wit: 'That the governor, secre- 
tary, chief justice, and associate justices, attorney, and marshal, 
shall be nominated, and, by and with the consent of the Senate, 
appointed by the President of the United States.' One Charles 
llobinson, late of the county aforesaid, well knowing the pro- 
visions of the aforesaid acts, on the 23d day of April, in the 
year 1856, in the county aforesaid, and within the jurisdiction of 
the said court, then and there being nominated and appointed ac- 
cording to the act aforesaid, and without then and there having 
any lawful appointment or appellation whatever, as Governor of 
the Territory of Kansas, unlawfully then and there did assume 



354 THE COXQUEST OF KANSAS. 

and take upon himself the office of Governor of the Territory of 
Kansas, under the false name and style of Governor of the State 
of Kansas ; and that the said Charles Robinson afterwards, to 
wit, on the twenty-third day of April, in the year aforesaid, in 
the county aforesaid, and within the jurisdiction of said court, did 
utter and issue a certain Proclamation, as Governor of the State 
of Kansas, the issuing and uttering of which proclamation, then 
and there, was an act appertaining to the office of Governor of 
the Territory of Kansas, and that the said Charles Robinson, 
without having any appointment or deputation whatever so to do, 
at the time and place last aforesaid, and on divers times between 
that time and the day of taking this inquisition, did exercise the 
power appertaining to the said office of Governor of the Territory 
of Kansas, to the great disturbance of the peace and good order 
of the said territory, contrary to the form of the statute in such 
case made and provided, and against the peace, government, and 
dignity of the Territory of Kansas. 

*' C. H. Grover, District Attorney.''^ 

Capt. John Brown was indicted for high treason on a different 
indictment, namely, for having brought a company of men from 
Osawattomie to defend Lawrence when it was sacked. He and 
Mr. Williams were also indicted for usurping office (the State 
Legislature), the form of indictment being the same as that against 
Gov. Robinson. 

Many other indictments were made out against other parties, 
some of which were taken. I place these indictments in the 
history of these occurrences because these remarkable documents 
are so violent, so gross in their assumptions of power and extra- 
judicial wresting of the constitutional rights of American citizens. 
Should the principles of republicanism prevail in our country, the 
day may come when these papers will be looked to with interest 
and astonishment. To avoid the despotic arrests for " treason " 
with which tyrannical and corrupt governments have bolstered 
themselves up in all ages, the fathers of the Revolution declared 
that treason should only consist in levying war against the United 
States, or in aiding and comforting its enemies, and that there 



BATTLE OF FRANKLIN. 355 

must be two witnesses to an overt act. The system in the Terri- 
tory of Kansas gives unrestrained license to unprincipled men and 
corrupt officers to crush the only instruments that would render the 
people dangerous to tyrants. It is worthy of remark here that 
the names of S. C. Pomeroy and W. Y. Roberts had been on the 
indictments and the records of the court, but had been scratched 
off, and those of Jenkins, and Gr. W. Smith inserted. Perhaps 
the ruffians thought, after the surrender of the guns at Lawrence, 
that it would be bad policy to indict them. 



CHAPTER XXYI. 

NIMROD WHITFIELD — DEATH OF CANTRAL — CAMPAIGN- 
ING IN THE WAR OF FREEDOM. 

The governor issued another proclamation. Under its potent 
authority all armed bands were to disperse and go home. So 
long as the border ruffians had everything their own way there 
was neither proclamation nor troops to disperse them ; but now 
the free-state men were rapidly getting the upper hand of them. 
By the proclamation in question it was declared that the troops 
should disperse all companies, and if they ventured to assemble 
again they should be disarmed. Fortified by a copy of this docu- 
ment and a deputy bogus sheriff, Col. Sumner, with several com- 
panies of his dragoons, were on the hunt for Capt. Brown. 
Brown was still in camp, on Middle Ottawa Creek, with the pris- 
oners and spoil taken at the battle of Black Jack. 

It was about the same time that Gen. Whitfield fitted out one 
of the most rapidly organized and best managed expeditions that 
ever went up into the territory from Missouri. Three companies 
of seventy men each were raised in the neighborhood of Westport, 
Independence, and Lexington, in Missouri. That the man who 
claimed to represent the territory in Congress, on the strength of 
Missouri votes, should lead up an army of Missourians to invade 
the territory, was certainly appropriate. The special object of 
this expedition was to relieve Capt. Pate and his fellow-captives; 
its incidental object to demolish '* old Capt. Brown," and the rest 
of the free-state guerillas. 

With Whitfield there was a fair sprinkling of the wildest pro- 
slavery leaders in Jackson County, Mo. Capt. Reed, of Inde- 



NIMROD WHITFIELD. 357 

pendence, a candidate for Congress in Missouri, and a man of 
some position ; the famous, or infimous, Milt McGee, of West- 
port ; Coleman, the murderer ; Capt. Jenigen, Capt. Bell, and sev- 
eral of Euford's colonels and captains. Their rendezvous was on 
Bull creek, some twelve miles east of Palmyra. Having obtained 
a force of about three hundred men, they marclicd up the Santa 
Fe road, and encamped on the 5th of June in a ravine half a 
mile to the south of Palmyra. 

While these men were assembling, couriers had been despatched 
for aid, as Capt. Brown was likely to be closely pressed. On the 
6th of June, immediately after the attack on Franklin, men began 
to move in small parties towards Palmyra. The movement was 
not a general one, as some were afraid of the proclamation, and 
others were of the opinion that there could be no fight. Several 
companies, or, rather, fragments of companies, marched ; — some 
fifteen men from the Franklin free-state company, most of whom 
were Western men, nearly all Missourians, Capt. Walker, with a 
few of the Bloomington company, Capt. Cracklin, with a seg- 
ment of a celebrated Lawrence company, Capt. Abbott's Waka- 
rusa company, which made the largest turn-out, there being forty- 
six of its members on the march, and a small company from the 
neighborhood of Hickory Point and Palmyra. When these got 
to the point of rendezvous, — the thick timber of Hickory Point, 
about a mile from Palmyra, — they numbered in all one hundred 
and eleven men. Besides the officers I have enumerated, there 
were three or four field officers ; but the expedition was not organ- 
ized, except by council of the officers, as it was deemed advisable 
to defer this until a junction could be efiected with our friends, 
who were beyond the enemy to the south of Palmyra. 

Capt. Brown was in camp, but had only some twenty men, and 
had twenty-seven prisoners ; so his hands were -pretty well tied. 

Capt. Shore had about forty men encamped at the back of 
Prairie city ; and Capt. Lenhart, with some twenty of the wildest 
and most daring young free-state guerillas, was a few miles fur- 
ther west. With this company were Cook, Hopkins, and others 
who have officiated as guerilla captains. This latter force was 
the free-state guerilla force, and included nearly all the free-state 



358 THE CONQUEST OF KANSAS. 

guerillas south of the Kaw. They were a harum-scarum set, as 
brave as steel, mostly mere boys, and did Dot consider it a sin to 
" press " a pro-slavery man's horse. At various times they have 
made more disturbance than all other free-state men together. 
They were under no particular restraint, and did not recognize 
any authority — military, civil, or otherwise — any further than 
suited their convenience. While they went round the county 
skirmishing, and carrying on the war against the pro-slavery men 
on their own hook, and in their own time and way, they were at 
the same time quite willing to lend a hand in more systematic and 
important fighting when there was an opportunity. These boys 
have been most bitterly maligned, and the free-state men, or con- 
servative free-state men, were not slow to denounce them. Reso- 
lutions were passed by the sensitively moral free-state people, or 
the sensitively timid, declaring that these daring young guerillas 
were a nuisance, and that they, the conservative class, did not 
wish to be held responsible for them. To all this moralizing these 
young braves turned up their noses, ironically recommending all 
who were too cowardly to fight to "keep right on the record." For 
their own part, they regarded the war as begun, and would wage 
it against the pro-slavery men as the pro-slavery men waged 
it against their free-state friends. 

This was the state of affairs near Hickory Point on the morning 
of the 5th of June. Whitfield was camped behind Palmyra with 
near three hundred men. The free-state camps mustered, or mus- 
tering, on that day, were about two hundred strong, and two com- 
panies were marching from Topeka with fifty more, who arrived 
the day after. 

With a full knowledge of this state of afuirs, our companies 
from Lawrence, constituting part of the force above enumerated, 
marched that morning on Hickory Point. It was a hot summer's 
day, and the sun shortly after it rose blazed down in all its force. 
As we marched through the prairies the men would occasionally 
be halted, and go through the Crimea rifle drill, to try its opera- 
tion on ground broken, or rolling, or flat. This and the marching 
(nearly all our men were on foot) was hot work, and the perspira- 
tion rolled down in fearful style. That day's march lay through 



NIMROD WHITFIELD. 359 

a perfect Arcadia of natural loveliness. There could not be a more 
beautiful landscape in nature than was then presented. Coal 
creek at your feet, with its feathery strip of timber to mark its 
windings; a gently undulating country, dotted here and there 
with a bold promontory on the tributaries that meet the Waka- 
rusa from the south ; away to the north and east glimpses of the 
densely-timbered Wakarusa among the breaks of the prairie 
knolls ; and high up against the face of the sky the double-peaked 
Blue Mound. 

I have not seen a finer part of Kansas for the agriculturist than 
that which lies between the Wakarusa and the tributaries of the 
Neosha. Indeed, I do not think there is a richer or more beauti- 
ful spot on the continent. The prairies are small, and gently undu- 
lating ; and the streams are so plenty that you are rarely more 
than a mile from timber. At Hickory Point there is a grove, of 
many thousand acres, stretching over the hills for miles, and 
densely timbered. 

But there is one feature that the country then presented, and 
which contrasted (he beauty of the scene with the troubled nature 
of the time. Fields are scarce, but, scarce as they are, many of 
them were not cultivated. Wild weeds were springing from the 
deep black soil, which now should have been cherishing the blades 
of the young corn, or waving with luxuriant wheat and oats. 

Another striking illustration of the times, and it forcibly re- 
called the days of the Revolution, I witnessed, as our two compa- 
nies marched from Lawrence towards the scene of action near 
Palmyra and Prairie city. Wo?7ie7i were at work in the field; 
delicately-reared, intelligent, New England women, working vig- 
orously and earnestly, trying to get in crops, while their husbands, 
fathers, and brothers, were under arms to drive the hostile maraud- 
ing bands from the territory. We also met in our line of march 
at least a dozen wagons loaded with families and household goods, 
^hese were settlers who had come in from Illinois and Iowa. 
Tired of a country where to live as American freemen is equiva- 
lent to being rebels, and in which to be " law-abiding and reve- 
rencing the powers that be " is the most abject slavery, those who 
are most weak in the faith left the struggle of freedom to others, 



360 THE CONQUEST OF KANSAS. 

and, having " put their hand to the plough, looked back." Many 
of them, too, had "seen the elephant," in the !?hape of those gal- 
lant bands of "chivalry," rummaging and pillaging their houses. 
One team contained the relatives of Jones, who v\^as so cruelly 
murdered at Blanton Bridge. Coidd we wonder they were " going- 
back to the states " ? 

These relatives were a widowed mother and younger brothers 
and sisters ; he who had been so cruelly murdered being their stay 
and support. Ah ! it was no wonder they were flying from the 
beautiful, ruffian-ridden Kansas ! 

That a decisive battle was to be fought on that 5th of June 
was the general opinion, and the chances were certainly in its favor. 
Our determination was to march as closely as possible on the 
enemy, and endeavor to effect a junction with the other parties, 
or plan a point of attack on Whitfield's army, with them ; or, if 
we should happen to fall in with the pro-slavery party on the 
way, which was as likely to be busy as we were, to throw our- 
selves in as strong a position as we could, and fight till we could 
get assistance. But the fates or Col. Sumner had willed that we 
should have no fi2;ht on that occasion. 

On the 4th Col. Sumner had started towards Palmyra, to take 
command of several companies of dragoons then in that vicinity. 
On the forenoon of the 5th he was in the neighborhood of Prairie 
city, the whole of the three distinct forces being within four miles 
of each other, scattered at different points. Col. Sumner was 
there, under the proclamation to prevent fighting ; but his princi- 
pal business, for the time being, was to find Capt. Brown, and 
relieve the Missourians who had been taken prisoners at Black 
Jack. Learning the position of Shore's company, he went and 
dispersed them, ordering them to retire. It was scarcely likely 
that he would ever have found Capt. Brown ; but he got pretty 
close to where his camp was ; he learned from some of the settlers 
that the camp was not far off, and said he wanted to see Brown. 
Capt. Brown, learning this shortly after, sent a messenger to Col. 
Sumner, saying that if Sumner wished to converse with him, or 
had any communication to make, he would come out and see him. 
Col. Sumner sent back the messenger to tell him to come out. 



CAMPAIGNING IN THE WAR OP FREEDOM. 361 

Under these circumstances Captain Brown, thinking it was a con- 
ference between military men, went to him (and, while I accord 
old " Bull of the Woods," as the dragoons style J^uraner, all praise 
as a gallant soldier, I question if he ever acquitted himself as gal- 
lantly as Captain Brown). When Brown went out to the prairie 
he was astonished to find himself a prisoner. Colonel Sumner 
ordered him to stand by his stirrup and lead them into his camp. 
He also told him that there was a deputy sheriff with him who had 
an arrest for him, and added, " Take my advice and surrender 
yourself; make no resistance." 

Under these circumstances the dragoons and the deputy sheriff 
went into the camp of Captain Brown. So rapidly and unexpect- 
edly did the thing occur that there was no opportunity to secure 
the arms and horses taken at Black Jack. Only fifteen of Brown's 
men were in the camp at the moment they entered it ; but that 
camp, Colanel Sumner, who was astonished at it, said afterwards 
that a small garrison could have held against a thousand men, 
and, from the peculiar nature of the ground, artillery could not be 
brought to bear on it. It is not wonderful that both Sumner and 
the deputy sheriff should come to the conclusion that the handful 
of free-state men they saw, with nearly thrice they: own number 
of prisoners, was only a part of Brown's force. They believed that 
a hundred riflemen must be concealed in the thickets around it ; 
consequently, the tone of these gallant ofiicers and gentlemen grew 
more urbane and polite. Colonel Sumner asked deputy bogus if 
he had not some writs of arrest. 

Bogus looked carefully around him, fixed his timid, irresolute 
eyes on the prisoners, and the small band Captain Brown had 
with him, and at the dense and mysterious-looking thickets around 
him, and said, in a hesitating voice, 

" Well, I believe I don't see anybody here against whom I 
have any wiit." 

" You don't ! " said Sumner, indignantly. " What did you tell 
me you had for ? What did you mean by getting my help to 
make arrests, if you have none ? " 

" Well," faltered the hesitating deputy " law and order " man, 
" I don't think there is anybody here I want to arrest." 



862 THE CONQUEST OF KANSAS. 

Colonel Sumner, who is rather blunt and off-handed, and not 
much of a believer in humbug, gave deputy bogus an objurgatory 
piece of his mind, which I need not inflict on the reader. He 
then liberated Captain Pate and the other prisoners. These men 
had been treated exceedingly well by Captain Brown. They were 
allowed to use their own blankets and camp equipage, which were 
much better than anything Brown had ; they also were fed while 
thus held captive much better than Brown was able to feed his 
own soldiers. 

Not only did the prisoners get their liberty, but their horses, 
arms, equipage, and stores ; nearly all that had been taken, and 
all except what Brown had given to those who came the day of 
the battle to help, or was in the hands of some others who had 
been there, and who were not now here. 

The guns these men had were, as I have said. United States 
arms. 

" AVhere did you get these arms?" asked Colonel Sumner of 
Captain Pate. 

" We got them from a friend," was the reply. 

" A friend ! " growled out old Bull of the Woods. " What 
friend had a right or could give you United States arms ? " 

In this dilemma. Captain Pate did, as many a wise man has 
done before him, evaded the question when he did not feel it 
advisable to answer it. The arms in question were the public 
territorial arms, given in charge of the federal officers of the terri- 
tory, for the use of the territory, and by them given to the Missou- 
rians. This not being exactly a story fit to tell. Pate entered into 
a disquisition on the general subject of his imprisonment, and told 
Sumner that he was acting under orders of Governor Shannon, 
and that his being taken prisoner was an outrage. 

" That is false, sir ! " said Colonel Sumner, sternly ; " I had a 
conversation with Governor Shannon about your particular case, 
and he declared that you had no authority for going about the 
country with an armed force." 

There was no replying to this, and the enraged and silenced 
Pate bit his lip. Colonel Sumner went on ; he denounced him for 
his conduct, and told the ruffian commander and correspondent of 



CAMPAIGNING IN THE WAR OF FREEDOM. 363 

the Missouri Republican what he thought of him, in language 
more pointed and succinct than complimentary. He wound up 
his remarks, however, by allowing Pate to take everything his 
company had, even the public arms. Captain Brown and his 
company were then ordered to disperse. Brown spoke of Whit- 
field's army close by, and said the free-state men could not disband 
with a hostile invading army at their doors, threatening their 
lives. Colonel Sumner pledged his word that these should be dis- 
persed, and told the company of Brown that they must not assem- 
ble again unless invaders were attacking them. 

Colonel Sumner then left Brown's camp and proceeded to the 
camp of General Whitfield. There he was politely received, and, 
as the force under Whitfield was too formidable looking to be 
treated with disrespect. Colonel Sumner was courteous. The ofii- 
cers of the pro-slavery camp deceived Colonel Sumner in a very 
important particular. They pretended to be all residents of the 
territory, whereas there was not a tithe of them who could make 
any pretence to a residence. One company lived on this creek, 
another company lived on that creek; every man was an " actual 
resident," to believe him. Now, Colonel Sumner was not particu- 
larly well posted as to the geography of the territory, particularly 
its modern geography, so he believed all this, or at least that a 
part of it was true. As Pate and his men were released, and as 
Colonel Sumner gave his pledge that he would disperse all parties 
of the settlers of Kansas who might band together, or arm them- 
selves for defence, or any other purpose, they promised Colonel 
Sumner, on their " word of honor," to disperse, and not assemble 
again in arms. Ilavino; thus neo'otiated. Colonel Sumner fell 
back towards Prairie city, and encamped. Whitfield's camp broke 
up from their position near Palmyra, they moving down the Santa 
Fe road, and camping five miles below on Black Jack. It was at 
this stage of the game that Captain Walker and myself recon- 
noitred affairs from the high grounds half a mile from Palmyra. 
The smoking camp-fires of the enemy, which they had just aban- 
doned, were at the head of a ravine a short distance ofi". Down 
the Santa Fe road the Missourians were going toward Black Jack, 
although many of them had halted at a grocery in a grove half a 



364 THE CONQUEST OF KANSAS. 

mile from us. The rascals had still scouting parties flying about. 
They plundered one free-state cabin, and took one of our boys 
prisoner, while falling back according to the orders of Sum- 
ner. 

The man thus captured was named Cantral. He had come 
from Missouri to the territory, and was making a farm near Pal- 
myra. He had a wife and young family. When the battle of 
Black Jack was fought, Cantral had hurried to the aid of the 
others, and had been seen with them by several of Pate's men. 
This was one cause of their hatred to him, and another was the 
fact of his beino; a Missourian and a free-state man. These are 
x^ regarded by the border ruffians as traitors ; a most absurd idea, as 
the poor white men of the slave states have, of course, no slaves; 
but such is the tyranny of opinion in slave-states that a poor man 
seldom dares to oppose the slave interest. 

Cantral had been over to Prairie city for some butter, and was 
returning home to his family. As Colonel Sumner was to disperse 
all parties, he supposed there was to be peace. He was taken 
near his home and carried down to their camp on the Black 
Jack. 

Two messengers were despatched to the camp of Colonel Sum- 
ner to inform him of it, and get his release. And here, 'as Colonel 
Sumner is, by the unhappy circumstances, somewhat implicated, 
justice requires that I give the account of the affair he gave to me. 
He said that his dragoons and himself had been in the saddle all 
day, and had just camped when the messengers reached him. 
General Whitfield and the other pro-slavery officers had pledged 
him their word of honor that they should disperse, and that there 
should be no more trouble. Believing that these were honorable 
men he deemed that Cantrai's imprisonment would be merely 
temporary. He said he would go after him next da}^, if not 
released. 

That evening Captain Walker and myself carefully scanned the 
position of the enemy, who were encamped exactly on the battle 
ground of Black Jack. Now, while this was a strong point to be 
attacked from the prairie, it could have been assailed most success- 
fully from the ravine, by a party coming up from the creek that 



CAMPAIGNING IN THE WAR OF FREEDOM. 365 

here winds through the timber of Hickory Grove. The bottom 
of the Bhick Jack hollow, besides being thicketj, has water-runs 
and ditches, and spreads out below where they were encamped, so 
that a party of riflemen could have come up on each side of the 
ravine, in a sheltered position, and have got the enemy in a cross 
fire. 

When we returned to camp I urged a night attack with the 
force we had ; but as we had not heard from any of the other 
camps, and did not know that Brown was disbanded, the others 
thought it would be injudicious. Messengers had been sent after 
Captain Brown and the others, but they had not returned. It 
was deemed inadvisable to make an attack on a force so much 
larger until our friends could unite with us. The Missourians 
were encamped about two and a half miles from us. Our camp 
was put under close and careful guard, and I turned in reluctantly, 
as did many of my companions, fearing that the dragoons would 
spoil our sport in the morning. 

Early next morning about one half of Greneral Whitfield's army, 
some one hundred and sixty men, under Captain E-eed, of Inde- 
pendence, Captain Pate, Captain Bell, Captain Jenigen, and 
others, started for Osawattomie. Some twenty of them, with a 
Captain Sanders, who lived on Washington creek, in the territory, 
started from Whitfield's camp to go home, halting at a grocery 
near Hickory Point. Whitfield and the remainder of them started 
back for Westport, carrying several prisoners with them. 

When the morning came I went out again to reconnoitre, in 
company with Major Bedpath ; I had a terrible headache, and but 
a moderate estimate of camp comforts. We had intended to be 
perfectly still in our camp and await events. If Uncle Sam would 
drive out the invaders, good and well; if not, we would. But the 
gods interfered with our peace intentions, and showered down a 
little incident. While my companion and myself were scanning 
the face of the country and the passing afiairs below us, four horse- 
men galloped up from the enemy's camp to Palmyra. While they 
approached we saw two men leave the houses at Palmyra and 
come toward the timber on our right ; the horsemen then left the 
road and came toward the timber on our left. As the houses at 



I 



366 THE CONQUEST OE KANSAS. 

Palmyra had been pillaged by the pro-glavery bands and deserted 
by their owners, who were mostly in camp, we naturally concluded 
that both parties were of the enemy, and the design was to cut us 
off. We fell back into the timber, and we two posted ourselves at 
a saw-mill on the creek (also deserted). While there, as was 
natural for two journalists, we fell into a disquisition, and, for the 
time being, forgot the enemy. Redpath jumped up in the middle 
of the argument, cocked his rifle, and cried " Halt ! " A man had 
popped his head above a saw-log. I recognized him as a free-state 
man, and told my friend to put down his gun. 

This man, and another just behind him, were the two we had 
seen leave PalmjTa. They had gone up there in hopes the enemy 
had been driven off, as they lived there ; but their presence had 
been immediately discovered ; the horsemen we saw had been sent 
out to cut them off, and had turned off toward us on seeing us. 
The proposal was that we should go back and take them, but our 
accession of numbers had no arms, and wanted to go back and 
report. I thought they would immediately gallop back, and that 
there would be no more of it. Once in camp, I commenced pen- 
cilling a letter for The Tribune on my knee. A messenger for 
Lawrence was about starting, and held a fiery horse pawing at my 
elbow, while I hastily scribbled, I hardly remember what. Before 
I got through Major Kedpath had taken ten men out on a scouting 
party. They were back in an hour. They had crossed the creek, 
and, having got near the spot where we had been, saw three of the 
horsemen ; they were no doubt scouring about for us. The men 
stretched themselves in the long grass before they were observed. 
When the three horsemen got near, the major started up, cried 
" Halt ! " and gave orders for the men to rise. It is reported that 
the eyes of these fellows rolled like boiled beans at sight of the 
ten boys with Sharpe's rifles. They made a virtue of necessity 
and surrendered. 

While the prisoners were placed in file and marched back into 
camp, the fourth man, their comrade, who hud been in sight and 
observed the performance, galloped over to Colonel Sumner, and 
told him a cock-and-bull story about " peaceable people going 
along the road," etc., and the sequel followed. 



CAMPAIGNING IN THE WAR OF FREEDOM. 367 

The prisoners thus taken were Capt. Sanders and two of his men. 
Thej were examined and placed under guard. It was about the 
dinner hour. Cooks, and sub-cooks, and deputy-cooks, were at 
work trying to make what provisions we had eatable, and it 
was almost worth a dinner, and better than the dinner they thus 
prepared, to see them manufacturing corn and flour flippers, 
and roasting beef over the smoky fires, now turning a flipper or 
poking a beef-steak, and again wiping the smoke out of their 
eyas with their dirty sleeves. Just as the dinner was ready 
in galloped Mr. P. Robinson, a brother of the governor, and 
reported an armed and mounted force approaching our camp. 
Instantly the men were under arms and in line. The force was 
approaching by a road that led into the timber, and ran close to 
our camp ; this road came in on a narrow ridge. The force was 
divi led ; a small number (we had received some more men, and 
numbered one hundred and twenty) were left to guard the camp 
and the prisoners, and the remainder were posted in two divisions, 
one on each side of the ravine. 

Having disposed ourselves after the Crimea drill pattern, com- 
manding the road, we watched. Another horseman galloped in ; 
the approaching force was Uncle Sam's boys. " Confound them ! " 
muttered several. " Well, we don't want to fight United States 
troops till they fight us," was the general response ; so, with a 
general anathema of three-cornered fights and third parties, we 
fell back a hundred yards from the road and lay down. Soon they 
came. Galloping down the shady road, with their sabres clatter- 
ing, they swept past us. Little did they think that they were 
running the gauntlet of a hundred Sharpe's rifles, which could have 
annihilated them on that rash entry to our camp, but for the loyal 
reverence to United States authority that beat in every heart, and 
but for our respect for Uncle Sam's liverj' which they wore. 

Once in our camp, we could hear the hearty laughter of the 
dragoons. They set the prisoners at liberty, gave them their 
horses and arras, and, some of our officers having gone in, the 
officer in command said we must disband and go home. That 
officer was a pro-slavery man, and rather exceeded his duty. One 
thing which he said (and which I hope was gratuitous) gave gen- 



868 THE CONQUEST OF KANSAS. 

eral offence : " You must submit to the territorial laws, or leave 
the territory." What business had an officer of dragoons with 
the territorial laws ? 

After keeping our poor fellows stretched on the grass for an 
hour, in no very good humor at such an interruption to the dinner 
hour, Uncle Sam's boys at last thought fit to leave, clattering off 
as they came, the released prisoners going with them. 

I hate these three-cornered, triangular fights, especially when the 
third party pretends to be equally hostile or equally friendly to 
both parties, — free-state men on one side, pro-slavery men on the 
other, and Uncle Sam's men pretending to keep the peace, but not 
able to do it. 

As no one had promised to disperse we concluded that it would 
not be proper to do so until we were sure that the enemy had left 
the territory. The determination was to keep a force, sufficiently 
large to hold these Missourians in check, close to them until they 
should leave the territory, — to evade Uncle Sam, and fight the 
enemy should occasion offer. The camp was therefore shifted 
immediately to a secure spot on Coal creek^ two miles from the 
first camp. 

When Capt. Sanders left the dragoons he went down to the 
lower end of the grove, to Conner's grocery, where the territorial 
part of the pro-slavery army was. They then rode up the Santa 
Fe road. They had proceeded up for a considerable distance, 
and were near the Willow Springs, when they ran against a small 
circumstance. As I have stated, two companies had started from 
Topeka when the report of Whitfield's army marching into the 
territory reached them. One of these companies, about twenty 
men, with two wagons, were hurrying down the Santa Fe road, 
when they encountered the pro-slavery men under Capt. Sanders ; 
both parties were of about the same size. 

The moment the Topeka boys saw the enemy coming, they drew 
t'.ieir wagons across the road, and drew up behind them in line of 
battle. Their opponents looked bewildered and not at all anxious 
to fi:^ht. They kept at a respectable distance, and by " signs and 
wonders " and all the peace demonstrations they could make, suc- 
ceeded in obtaining a parley. They then explained that Sumner 



CAMPAIGKING IN THE WAR OF FREEDOM. 369 

had dis'persed them, and that they were going peacefully to their 
homes, and did not want to fight. There is no doubt but they 
would have been much more warlike if they had found a party 
much smaller tlian their own ; but, under the circumstances, the 
Topeka boys allowed these meek " law and order " men to pass 
and drove on that nisrht to our camp on Goal creek. 

On that 6th of June a deplorable occurrence happened in the 
camp of the pro-slavery men who had started for Westport. They 
had taken with them, amongst other prisoners, Mr. Cantral. 
When camped at noon on Cedar Creek, some fifteen miles below 
the Black Jack, where Whitfield's army had divided, they pre- 
tended to try Cantral for treason to Missouri, he being a free-state 
man, and for fightino; in the free-state cause in Kansas. Milt 
Magee, of Westport, took an active part in these ]>roceedings, being 
chief of the court. Of course Cantral was found guilty. The other 
prisoners with fear saw Cantral led out of the camp by four men, 
with whom was Magee. They went towards a ravine close by. 
Directly after Magee was seen to ride away from the ravine, and 
just at that moment a pistol-shot was heard, and Cantral's voice 
crying, 

" ! — 0, God ! they have shot me ! " 

Another shot was heard, followed by a long, piercing scream, 
and then another, and all was still. The man who shot is sup- 
posed to be a man named Forman, of Westport, who had been with 
Pate, and who had been taken prisoner that Sunday at Prairie 
city. He had been most kindly treated while a prisoner in Capt. 
Brown's camp. 

Several others of the prisoners were supposed to have been 
murdered in the same way ; seven dead bodies have been reported 
found at that place and the next creek where they camped. Two 
of the prisoners they had, who were supposed to be pro-slavery 
men, were allowed to leave immediately after Cantral was shot. 
It was by their account that the friends of Cantral were enabled 
to find his body, with three bullet-holes in his breast, and bear it 
to his agonized widow. 



CHAPTER XXVII. 

SACKING OP OSAWATTOMIE. 

It was Saturday night. I had been scouting around the 
streams and hi] Is to the south of the ^Yakarusa. I had become 
convinced that the large force I had seen galloping down the Santa 
Fe road from Palmyra, on the 5th, while reconnoitring with Capt. 
Walker, had left the neighborhood, and, for the moment, half con- 
cluded that the dragoons were really a good " institution," when, 
about six o'clock, a messenger came in from Osawattomie, asking 
for help. AVhen the messenger left, the enemy was encamped 
eight miles from Osawattomie, and an attack was feared. Another 
messenger immediately followed the first ; this latter had started 
first, but had been taken prisoner by the enemy. By the interces- 
sion of Capt. Bell he got away. He told us that Capt. H. G. Pate, 
of the Missouri Republican, was v/ith them. The captain and his 
company, taken prisoner at the battle of Palmyra, had been re- 
leased by the troops, and their arms restored them. The niessca- 
gei'S wanted help. It was thirty miles off; besides, there were 
three companies of dragoons between our camps and OsaAvattomie. 
On the assurances of the troops the companies had been preparing 
to disband. 

Col. Sumner hfad returned to Fort Leavenworth. One company 
of dragoons was left at Palmyra. There was one down at Middle 
Ottawa Creek, where John Brown, junior, Jason Brown, Mr. Wil- 
liams, Mr. Partridge, and other three free-state men from Osawat- 
tomie, were held prisoners. Another company of dragoons were 
stationed close to Osawattomie, h'avin"; been there during' the 
oecurrences narrated in last chapter. 

When the appeal for assistance reached our camp that evening 



SACKING OE OSAVv^iTTOMIE. 371 

there were not hickiiig those who wished at once to make a night 
march on O^^awattomie ; but hoping, trusting faith prevailed. As 
the representative of the camps, I started for the nearest company 

of troops. Capt. , of Topeka, went with me. The twilight 

was settinc; in as w^e started. Nio;ht came on before we entered 
the deep, thick woods near Hickory Point, but although the path 
was scarcely visible, we galloped on, for the case was urgent. It 
might have been about nine o'clock v/hca we emerged on the prai- 
rie highlands near the Santa Fe road. Away to the right we could 
observe the glimmer of a few lights at Palmyra, and soon, as we 
galloped on, we saw the camp-fires, and by their aid the tents of the 
dragoons encamped on the skirts of the timber. Within a hun- 
dred yards the sentinel hailed us. The usual military prelimina- 
ries were gone through, and we were led to the officers' tent. My 
companion did not alight, and the master of the guard held my 
horse while I entered the tent. It was small ; the fresh, green 
grass was the carpet ; a small camp-pallet lay on the ground ; on 
this the occupant reclined, reading by the light of a lamp. He 
motioned me to a trunk in the centre. It was Lieutenant Mack- 
intosh, who has the reputation of being an intelligent and gentle- 
manly officer. He told me, to my cjuestion, that Major Sedgewick 
was at another camp, nearer Osawattomie. When I stated my 
mission, he replied that he had received some report of the kind, 
and had sent an express down that morning to the other camps, 
which were near the spot, informing them of it. I told him of the 
urgency of the case. He replied that such rumors might not be 
well founded. I said our friends were at least inclined to believe 
them ; and I then told him my mission fully and plainly. We 
had been disbanded with the assurance of protection ; our friends 
were threatened by a large force, part of the same we had under- 
stood were to be driven out. AYe had force we could soon rally, 
and who were ready to march at once to relieve Osawattomie, and 
I came to tell him that unless they took innnediate steps to defend 
it and drive these Missourians out, ive would. I was almost sorry 
that an officer, whom I believed to be a gentleman, should have been 
so far under the influence of the duty he was sent to do as to 
question me at this point relative to our friends, the existence of 



372 THE CONQUEST OE KANSAS. 

free-state camps, etc. The impending fate of Osawattomie made 
it painful. I repeated again to liim that unless I could carry back 
some guarantee that all tlie troops could do would be done imme- 
diately, we would immediately march on the point ourselves. He 
then assured me that everything they could do would be done. 
He would start immediately for the other two camps, one of which 
was nine miles below, and the other near Osawattomie, and that 
everything that could be done would be done, and those men 
driven back if they were there ; he did not wish us to take any 
steps. I conversed with him while he prepared to leave. He 
accused the free-state people; spoke of their disinclination to obey 
the territorial laws, — as if resisting these tyrannous enactments was 
a sin ! spoke harshly of a few of the more impulsive of the Law- 
rence people, who had treated Sheriff Jones with disrespect in the 
performance of his duty ! It was evident that he regarded the bo- 
gus law as law, and the squatters of Kansas as a species of rebels. 
I saw him on the way toward Osawattomie, and returned at the 
gallop. Our friends were satisfied with the result, concluded to 
abandon the field, and to trust the dragoons for the present. 

The part of Gen. Whitfield's army that had gone down to Osa- 
wattomie numbered one hundred and seventy men. They ap- 
proached the place as rapidly as possible. They had a thirty 
miles' march, and arrived in the vicinity of the place, or some five 
miles to the east of it, on the Indian reserve, across the Merode- 
sin. They had sent a spy ahead of them into the place to recon- 
noitre it. Next morning the company of dragoons, which had 
been stationed close to Osawattomie, left that place and took a 
fresh camp day up in the direction of Ottawa creek, several miles 
off. 

I do not mean to insinuate that there was any collision in this 
case between the ofiicers of the troops and the border ruffians, 
although the movements, taken all in all, look decidedly suspi- 
cious. Of course the border ruffians were soon informed of the 
movement of the troops and the condition of the town. On that 
day there were but few over a dozen men left in Osawattomie. 
Nearly all the residents had claims out in the county, and were at 
work on them. So rapid had been the movement against them that 



SACKING OF OSAWATTOMIE. 373 

they did not expect any sudden attack on the town, and although 
they had heard of tiie Missourians being over in the Indian 
reserve, only a few men thought they would attack the place, and 
it was these who had sent after help. The general impression 
was, the town would not be attacked, and that these invaders 
would only surround the town to cut off travellers and supplies on 
the road. But those who thought so were mistaken. That more 
prompt steps were not taken to defend Osawattomie is merely 
another evidence of the slow process by which free-state settlers 
arrive at a correct conclusion upon border ruffian character. 

The blow aimed at Osawattomie can only be attributed to two 
things. In the first place, it was a thriving free-state town ; in 
the second, the law and order ruffians, or those of them in this 
part of Whitfield's army, had been unable to get any booty in 
their recent campaign, and it was hard to leave the territory with- 
out it. By their scouts they learned that there were few men in 
the place, and those few making preparation for defence. Still 
the ruffians were timid and cautious. They suspected some trick. 
They thought that the people of the place had by some means 
obtained information of their presence, and that some force was 
concealed, and that they would fall into an " abolition ambush." 
As the evidence they obtained, however, was all to the contrary, 
they at last ventured to march, leaving a small force at the camp 
they had made to guard some property. 

They approached the town by the road from Westport to Osa- 
wattomie, and had to cross the Merodesin close to the town. On 
the east bank of this stream, which is a large creek or small river 
at that point, they halted. They were fearful that an ambush lay 
in the thickets near the ford. At last some of their number, more 
resolute than the rest, dashed into the stream and crossed over, and 
the wholl" party entered the town, which is separated from the 
stream by a narrow strip of timber. They entered the town rap- 
idly, and the astonished people, the few men in town and the 
women and children, saw this horde of pro-slavery barbarians 
take possession of their town almost before they could realize 
their presence or their object. No attempt at resistance was 
made by the people ; in fact, it was out of the question. 
32 



374 THE CONQUEST OF KANSAS. 

Then commenced a wholesale work of pillaj^e. Dwelling-houses 
and places of business were alike ransacked. All the horses that 
could be found, sixteen in number, were taken. The siiy who had 
entered the place the day before, and who had pretended to be 
sick, and had been kindly treated, led the way from place to place, 
showing where the best plunder was to be obtained. All the 
arms, money and jewelry, that could be found, was most anxiously 
sought and taken. Their object was evidently to take all they 
could carry on their horses, and to carry the most valuable arti- 
cles. Trunks, desks, bureaus, and every other place where desira- 
ble articles to steal could be found, were broken into. Liquor»was 
obtained and drank freely, while they indulged in the fiercest 
threats and the wildest profanity. 

A few of the more patriotic tried to find the printing press. 
There was a printing establishment in the place, but it had not 
yet seen the light. The press had never committed treason, or 
rendered itself indictable by squeezing a free-soil emphasis on 
paper; nor had the unofiending type ever been defaced by "aboli- 
tion " ink ; but the pro-slavery, rufiians well knew that a printing 
press is an incendiary machine at best, and that this one was proba- 
bly in hands not sufficiently alive to the glorious principles of " law 
and order." They therefore searched indefatigably and vainly. 
The whole apparatus, press and all, was carefully boxed up and 
concealed. They threatened several persons, and hunted for the 
editor, or, rather, he who was to be the editor ; but he was not in 
town. One woman, whom they felt sure knew something about 
it, or was connected with it, they threatened to hang, if she would 
not tell where they could find it. She treated their threats with 
indifierence, and they, after having spoken and acted violently and 
insultingly, had to give it up. They threatened and insulted sev- 
eral other ladies. ^ 

In their investigations they entered the house where the press 
was, but happening to fall in with a case of excellent brandy and 
some wine, they proceeded to help thenj selves pretty freely to 
these " anti-abolition " articles. After drinking freely, they con- 
cluded that no " abolition" press could be in a place where there 
was so good brandy. In fact, that is one way the border ruffians 



SACKING OF OSAWATTOMIE. 375 

have of judging whether a, man is " ■■^ound on the goo&e." A per- 
son who does not drink is voted an " abolitioiii.-t " at once, without 
further testimony ; and the presence of liquor, especially good 
liquor and an abundance of it, is considered as a sure symptom, 
infiiUibly tending to " law and order." 

Not content with robbing stores, and men's trunks, and private 
dwellings, these chivalrous fellows actually took the women's rings 
and ear-rings, and some of their apparel. They ought to have 
had a petticoat apiece as trophies. They attempted to burn the 
building where the hotel and post-office were, and one or two other 
houses; but were in too great a hurry to kindle any building 
thoroughly, and the inhabitants watched them, and extinguished 
the flames before they could do any damage. 

Having got all the plunder they wanted, they were anxious to 
be off. 

" Hurry, hurry ! " they said to each other. " These d — d abo- 
litionists are somewhere not far off, and they will be down on us 
the first thing we know." They accordingljr retreated from the 
ill-fated town as rapidly and unmolested as they had entered it, 
carrying their booty with them. 

When they got to their camp the company divided. Half of 
them started immediately back for Westport, and the remainder 
moved off and camped on the lower part of Bull creek, some eight 
miles from Osawattomie. There they had an adventure. 

As might be expected, they kept a sharp look-out for aboli- 
tionists. Two days after the sacking of Osawattomie, a couple of 
their own number had been on a scout, and on their return to the 
camp, while near it, fired off their guns. The guard in that direc- 
tion gave the alarm, fired his gun in the direction of the two men, 
and cried at the top of his lungs, "The abolitionists are coming! 
— the abolitionists are coming !" Whereupon the whole camp got 
into a panic, and, without taking time to pack up their effects, 
started oft' at the run. There were some horses harnessed to wag- 
ons ; these were hurriedly taken out, and off the whole partyl^^it 
in a helter-skelter race, outrivalling John Gilpin's. Once or twice 
one of their number would discharge a pistol or a gun behind 



876 THE CONQUEST OF KANSAS. 

him, as a warning to abolitionists to keep off, which had the effect 
of keeping up the fear of the retreating party. 

They never stopped till they got to Battiesville, an Indian sta- 
tion amongst the Weas. The Indian store-keeper, seeing a band 
of wild-looking fellows galloping up, with arms in their hands, and 
looking very terrible from fear and excitement, closed his door, 
and, in spite of all their entreaties, would not let them in. 

" The abolitionists are coming! — we want to come in to defend 
the place ! " 

The Indian happened to be a j)ro-slavery Indian, but he was 
moderately suspicious of the appearance of these " law and order " 
men ; so he grunted, 

" Abolitionists, heap, bad ! — no come ! " 

"Yes,- they are coming!" yelled a score of anxious voices. 
" G-d blast ye ! let us in ! Tliey '11 be here in a minute ! " 

" Come in to-morrow, may be," was the cautious answer. 

Time was pressing. There were two or three unoccupied log- 
houses close at hand ; so they made a virtue of necessity and got 
into them. The chinking was driven out for port-holes, and the 
doors were barricaded ; meanwhile two of the best mounted were 
despatched in hot haste to Missouri, one to Jackson, and the other 
to Cass county, telling their friends to come up quick, for the abo- 
litionists with great force were besieging them in Battiesville, and 
that they would endeavor to hold out till they could, come. 

A party of men did start up to the rescue, and more would have 
gone if these had not returned and reported it a hoax. This mas- 
terly retreat was a standing joke amongst the border ruffians in 
that quarter, who taunted their comrades about their " holding 
out against the abolitionists." 



CHAPTER XXYIII. 

A CHAPTEP. or OUTRAGES. 

Doisi'T start, reader, at the ominous heading of this chapter. A 
chapter of Kansas outrages! Why, there could be a book as big 
as " Webster's Unabridged," and more frightfully dreary, written 
on such a subject, I would no more think of inflicting an account 
of all the outrages against the settlers of Kansas, on the reader, 
than I would of all the free-soil speeches and " resolutions " 
passed in the territory. So far, I have confined myself to what 
I deemed the most important incidents, and those most necessary 
to give a correct outline of Kansas history. And yet there are 
a few important matters and decided steps in the Kansas struggle 
that can be best exhibited by statements found in this chapter. 

Governor Shannon had gone down to Westport to see the com- 
mittee of Congress, still there. While in that place and in the 
adjoining Kansas city he saw the most extensive preparations for 
another invasion, in which the free-soil settlers of Kansas were to 
be "wiped out this time." Whether it was owing to fear, or 
awakening conscience, or resentment at the marked disrespect 
with which Governor Shannon was treated at that time, is uncer- 
tain; but Governor Shannon was, or pretended to be, hostile to 
this invasion. He returned to Fort Leavenworth by the river, 
and, having roused Colonel Sumner, the two came over together, 
with an additional force of dragoons and some artillery. These 
men he posted on the Shawnee Reserve, in order to keep the 
invading army out. It was about the same time that the follow- 
ing letter reached Lawrence by the post-office : 

'* Indepkkdexce, Mo., Thursday, Jiu^e 12, 1856. 
" Postmaster, Lavvrence, K. T. : There were some men here 
82* 



378 THE CONQUEST OF KANSAS. 

yesterday trying to get men to go with them to the territory for 
the purpose of going to Topeka to burn it up. Now, for God's 
sake, send an express immediately to that place, and get the people 
there to send for the United States troops to protect them. One 
of the men that were here was named William Donaldson (brother 
ofPostcript Donaldson), and he said that Shannon had left the 
territory and gone home, leaving Secretary AVoodson as acting 
governor, and that he would let the pro-slavery party do as they 
pleased, and that now was the time to burn out, kill, and drive 
every free-state man from the territory. 

" I am a pro-slavery man myself, but I want things done hon- 
orably, and give you the warning now. Do not delay, for they 
will be in Topeka in a very few days. 

" Respectfully, James Brown. 

" P. S. — This is iiot my proper name ; but what is said is 
true." 

The dragoons were not remarkably active in ferreting out the 
parties of border invaders ; for the force that had plundered 
Osawattomie was in the neighborhood of Bull Creek for a week 
with their booty, and were not molested. Several other bands 
of these men had returned to the territory, and had camped on 
Turkey and Cedar Creeks. They were rather cautious in their 
movements, however, as they were not sure but the dragoons 
might attack them. A very considerable force had been raised 
ill Missouri to invade the territory once more, but the presence 
of the dragoons, under Colonel Sumner, acted as a check. The 
pro-slavery bands were chiefly confined to the Indian reserves 
close to the Missouri frontier. Here they had no settlors to 
molest and plunder, and, in the absence of any, began to plunder 
from the Indians. The Shawnee Indians, having been robbed of 
corn, hogs and other article?^, complained to their agent, Mr. Gay, 
who made complaint to the dragoons. Under these circumstances 
the dragoon forces, camped on Cedar Creek, went down to Turkey 
Creek, and drove out a large company of the invading Mi^souri- 
ans. These latter, when they saw the dragoons coming, hauled 
up their red flag, and prepared for battle. The ofiieer in com- 



A CHAPTER OF OUTRAGES. 379 

mand of the dragoons rode in, and told them he would give them 
five minutes to take down their flag and leave. He then posted 
his cannon. These warlike demonstrations prevailed, and they 
retreated into Missouri. Another party of them had gone up to 
burn Palmyra, and when the troops came, they resisted them, 
and, the dragoon force being weak, had to retreat till they could 
receive reinforcements, before they could be driven oif. This 
action of the dragoons, and a week of rainy weather, dissipated 
this invasion. Colonel Buford, whose regiment had been driven 
out, felt very sore, and complained to Governor Shannon. The 
governor sent him the following reply : 

LETTER TO COLONEL BUFORD EROM GOVERNOR SHANNON. 

•' Executive Office, June 10, 1856, > 
" Lecompton, K. T. \ 

"My dear Sir : Your favor of the 18th is received. I wrote 
to you some days ago, which, I presume, you had not received at 
the date of your last. 

" You can have no difficulty in coming into the territory with 
bona fide settlers. 

" I have resigned my office, and leave for St. Louis probably 
on to-morrow. As soon as 1 pass the line, Colonel Woodson will 
be the acting governor, and, if you have any difficulty with the 
troops, you will address him on the subject. I repeat that my 
proclamation has no application to bona fide emigrants coming 
into the territory. Yours, with respect, 

" (Signed,) Wilson Shannon. 

" Col. Buford. 

u ^^ 23. — I will probably see you as I pass down." 

In this letter Governor Shannon alludes to his resignation. 
He had, indeed, been reduced to the last extremity of political 
degradation. He was despised and hated by the free-state set- 
tlers, and just as heartily despised by the pro-slavery men who 
now threatened him. He had made himself the tool of the slavery 
exten-sionists, at the instance of the administration, and now he 
hud rendered himself, and the administration with him, so odious 



380 THE CONQUEST OF KANSAS. 

to a large class of people, that the administration hoped, by sacri- 
ficing him, to let him go, like the scape-goat, to the -^vilderness. 
Shannon was also threatened with personal violence by the border 
ruffians. Under these circumstances he left the territory. He 
would have published his resignation before he went, but Colonel 
Sumner advised him not to do so until his successor could be 
appointed, so that there would be no interregnum. At St. Louis 
Govcri¥)r Shannon was stopped by General Smith, who advised 
him to go back again. This he did, publishing a card in the city 
denying the report of his intended resignation. He returned to 
the territory to await the political decapitatioi# the national 
executive had in store for him. 

Daring all this time pro-slavery parties stealthily prowled 
through the territory, or hung upon the Missouri borders. Out- 
rages were so common that it would be impossible to enumerate 
them. Murders were frequent, many of them passing secretly 
and unrecorded ; some of them only revealed by the di.-covery of 
some mouldering remains of mortality. Two men, found hanging 
on a tree near Westport, ill-fated free-state settlers, were taken 
down and buried by the troops ; but so shallow was the grave 
that the prairie wolves dug them up, and partly devoured them, 
before they were again found and buried. 

Mr. Upton, sergeant-at-arms of the committee, was taken 
prisoner by one of these bands on the road from Westport to 
Lawrence. They treated him with indignity, and threatened to 
hang him. Mr. Oliver interfered, and went out to procure his 
release. 

The following statement of Mr, John A. Bailey, which is 
attested by three respectable gentlemen, his neighbors, is a rather 
interestinor case : 

" I have been fourteen months in the territory ; came from 
Pennsylvania. I started last Tuesday morning for Little Santa 
Fe after provisions for myself and neighbors. I had got as flir as 
Bull creek by five o'clock in the evening, when a man came up 
and stopped my wagon, telling me to stop there for the niglit. 
This man was Coleman, the murderer of Dow. He had twenty 



A CHAPTER OF OUTRAGES. 881 

men encamped where I met him, among whom I recognized Buck- 
ley, Hargus, Jones. Conelly and the Gumming brothers ; the two 
first being also accomplices in the murder of Dow, and all of them 
in the posse of Jones which took Branson. In the night my horses 
were stolen, their halters cut. In the morning these men made 
pretence of sympathy, and said, ' It was too bad for people to 
steal horses from their friends.' They told me I could find them 
in the camp at Cedar creek, and three of them volunteered to go 
with me. I borrowed a pony, and, leaving my wagon with the 
others, started. 

"After going about half way to Cedar creek, we met a large 
company of not less than two hundred men. They took me 
prisoner, and ordered me to dismount. After taking me for some 
distance in a wagon, well guarded, I was again compelled to 
mount my pony, and the three men who came with me from the 
other camp held a consultation with the ofiicers of this. I over- 
heard Coleman say, ' There may be treachery used,' but could 
gather nothing definite of their intentions further, save that these 
three men, who had volunteered to help me find my horses, were 
sent to take me to Westport. The company went on over the hill 
in the prairie. Shortly after they disappeared these men led me 
ofi" the road a hundred yards into the prairie. They made me 
dismount, and demanded my money. I gave them all I had, 
forty-five dollars, without a word. One of them then raised his 
gun as if to shoot me. It was a United States m.usket. I told 
hin], if he meant to kill me, he would kill a better man than him- 
self. Lowering his gun, he said, ' I wish you to take off them 
pantaloons for fear they should get dirty.' I told him they were 
mine as long as I was alive. He again raised his musket, but while 
he was in the act of firing, I dodged. The ball hit me in the side, 
glancing along my ribs, and through the cartilages, and lodging in 
my back. I fell. He then struck at my head with the butt end of 
his musket, and missed, only g.razing it. As he struck at me the 
other two men rode off as fast as possible after the company that 
had gone over the prairie. He struck at me again, when I caught 
the musket in my hands, and held on to it. He held to the other 
end, and jumped on my body, stamping on my head and face ; 



382 THE CONQUEST OF KANSAS. 

but, as he wore Indian slippers, he did not hurt me much. He then 
tried to jerk the musket from me, and, in doing so, pulled me to 
my feet. I still held on to it, and, dealing him a blow with my 
fist, he let go the musket. He then ran after the others, callino- 
them to come back, but they had gone some distance, and did not 
hear him. He ran after them, and I ran after him ; he com- 
menced running harder, and soon disappeared. I then turned, ran 
some distance into the prairie, and hid in the grass. Three hours 
passed quietly, when I left my hiding-place, and wandered toward 
home. 

" At ten o'clock I came to the branch of timber where the road 
crosses to go to Blanton's Bridge. I there saw two sentries on 
horseback. I passed so as not to be seen by them, expecting to 
get across at another place. I heard cow-bells clinking and dogs 
barking. I thought I was coming to a dwelling ; but in a short 
time I found that the noise moved, and that there was no house 
there. I then went to the upper end of the grove, hoping to get 
across there. At this point I heard the same noises. Further up 
I came on their camp in the timber. It was nearly day-break, 
and I moved away and hid in the grass, where I could watch their 
actions. In the morning they were called in by the sound of 
cow-bells. While there I heard some one cry, ' Are you going to 
hang me ? ' I heard no reply to this, except the noise of two 
rings of the cow-bell. In about five minutes I heard a shot, and, 
at the same time, something like a boatswain's whistle to lower. 
(Bailey has been a sailor.) After that I heard six shots fired at 
intervals of five minutes. I heard no more till night came. I 
lay in the thicket all day. At night I crawled out and contrived 
to travel about two miles. My side was so sore I could scarcely 
walk. 

" I walked up to the Santa Fe road, and found that also 
guarded. I went to the Wakarusa, and remained hid there all 
day. While there I saw a wagon stopped by five men. I could 
not see well, as they were at some little distance ; but they 
appeared to be quarrelling. I heard angry words, when there 
was a shot fired. All was then peaceable, and the men went down 
the road with the wagon and team. At nightfall I found mj 



A CHAPTER or OUTRAGES. 383 

way to the house of Dr. Stills, at the Blue Mound. During the 
three days I was exposed I had nothing to eat, and took nothing 
but stagnant water ; my side was very painful and stiff where I 
"was wounded, and I was very weak. While in the camp where I 
was first taken, I heard the men there say that they intended to 
kill and drive out the free-state men from the territory ; they 
spoke very bitterly of the battle of Palmyra, some of them hav- 
ing been in it ; they were determined to have revenge. They took 
from me forty-five dollars in money, and they have my team, 

wagon, and several other articles in it. 

" John A. Bailey." 

I subjoin another statement of a person who w^as driven from 
the territory. It was published by him in the Chicago Tribune : 

"Chicago, Wednesday, Jane 11, 1856. 

" I wish to make, for the benefit of your readers, a true state- 
ment of the manner in which free-state men in Kansas are treated 
by the mob which has now possession of the territory, and Mis- 
sourians on the border, as proved by my own case. 

" I emigrated to Kansas in March last, and settled in Lawrence, 
where I took no part in the political troubles by which the terri- 
tory has been convulsed. In all respects I endeavored to demean 
myself as a good citizen and an honest man. 

" On Thursday, the fifth of the present month, I had occasion 
to go to Kansas city, Missouri, with my oxen and wagon, for a 
load of freight, consisting of household goods for an emigrant in 
my employ, wlio was with me. On my return with the load I 
was obliged to pass through Westport. When about a mile, or a 
mile and a half, from that village, I came upon a camp occupied 
by sixty or seventy Missourians and Alabamians. Here I was 
met by a squad of these men, armed with muskets, rifles, and side- 
arms, who demanded of me to stop. 

" ' Here 's a d — d abolitionist! ' was the cry ; 'let us have him, 
anyhow.' 

" I produced a pass, which had been given to me by United 
States Marshal Donaldson ; but they swore it was a forgery. 
They proceeded to break open the boxes in the wagon and to 



384 THE CONQUEST OF KANSAS. 

scatter the goods about in the road. While this was going on I 
was sent into their camp, where I was questioned thus : 

" ' What 's your name ? ' 

" ' C. H. Barlow.' 

" ' Where do you live ? ' 

" ' In Lawrence.' 

" ' Where are you from ? ' 

" ' Waterbury, Connecticut.' 

" ' What are your politics ? ' 

" ' I am a free-state man.' 

" ' How much money did that d — d Emigrant Aid Society give 
you to come out here ? ' 

" ' None ; I came out with my own money.' 

" ' Who gave you a rifle — Beecher or Silliman ? ' 

" « Neither. I brought no gun of any kind to the territory.' 

" ' What the hell did you come out here for ? ' 

" ' Why, to get a home, and make money.' 

" » And to make Kansas a free state ? " 

" ' That 's my intention, now I am here.' 

" ' AVhy did n't you go to Nebraska ? That 's a good country, 
and you d — d Yankees may have it. But Kansas you will have 
to fight for, and we '11 whip h — 11 out of you, but we '11 get it, 
Union or no Union.' 

" 'That's a game that won't win, I'm thinking.' 

" After much more of this sort, interlarded with impious oaths 
and ruffianly threats, I was asked : 

" ' If we '11 let you go, will you take a gun and march with the 
pro-slavery party ? ' 

" To this I had but one word in reply, and that was, ' Never,.' 

" Immediately there was a cry for ' The ropes, boys — the 
ropes ! ' These were speedily brought, and a noose was thrown 
over my head and around my neck, and I was dragged to the 
nearest tree. 

" I exclaimed, ' You do not intend to kill me in this manner, 
do you ? ' 

" ' Yes, G — d d — n your abolition heart, and all like you ! ' 

'• I begged, if I was to be sacrificed to their fury and causeless 



A CHAPTER OP OUTRAGES. 385 

hate, that I might have time to collect my thoughts and arrange 
my worldly afiairs. I was told that if I had any property to dis- 
pose of, or my peace to make with God, that I would be allowed 
just ten minutes for both. 

" I gave a man among them, who, I learned, was called Bled- 
soe, and who seemed to think that I was to be killed without 
cause, a schedule of my effects, and asked him to send it to my 
brother-in-law at the East, whom I named. 

" At the expiration of the little time given me I was again 
dragged to the tree, the rope was thrown over a swinging limb, 
and, in spite of the remonstrances of Bledsoe and of Treadwell, 
who also began to plead my cause, I was jerked from the ground 
and suspended by the neck, — I cannot tell for how long, but prob- 
ably for a brief period only, — when Treadwell, who was called 
major, and appeared to have command, peremptorily ordered me 
to be let down. 

" I was again questioned : 

" * Will you leave the territory, if we '11 spare your life ? ' 

" To this I demurred, saying that I had offended no law, nor 
infringed any man's right. 

" The leader again interposed, and told me that, unless I would 
promise, he could not save my life. He told his men that I was 
guilty of no crime, except that of being a free-state man ; that I 
had a right to be, though he would admit that I had no right to 
such opinions in Kansas. 

" At last, his ruffian followers extorted from me the promise 
they required, giving me just twelve hours to make the promise 
good. 

" I was then sent with a guard to Kansas city, to see that I did 
not escape. My oxen and wagon were taken possession of, and I, 
with less than five dollars in my pockets, was forced to take the 
next boat and leave the country. 

" In conclusion, I declare that I am, nnd have been, a law- 
abiding and peaceful man ; that my mission to Kansas city was 
one perfectly lawful and proper ; and that, so far as I know, I am 
driven out of the territory only because of my political opinions 
— my desire to make Kansas a free state. My case is not a soli- 
3.3 



386 THE CONQUEST OF KANSAS. 

tary one. Every man of my opinions who falls into the same 
hands is liable to the same abuse ; and this, in Kansas, is called 
' law and order.' " (Signed,) C. H. Barlow." 

It was now that the Missourians carried out a new system of 
warfare. Heretofore their great aim had been to " wipe out " 
free-state settlers; but it now occurred to them, as a heavy emi- 
gration began to pour into the territory in the summer of 1856, 
that the easiest way to do it, or, at least, the first thing to do, was, 
to keep out those who might want to enter. In accordance with 
this conclusion, the roads leading to Missouri were blockaded, and 
emigrants from the free states stopped and sent back. 

The subjoined is the statement of an Illinois emigrant who fell 
into the hands of the ruffians : 

"STATEMENT OF JAMES C. BALDWIN. 

" Eight families, with twelve teams, started from McLean 
County, Illinois, for Kansas, on the twenty-second of May. 
These consisted of the families of John Veteto, two of his sons 
with their families, Benjamin Draper with his family, John Woos- 
ter and family, James Hancock and family, B. Boberts and 
family, M. Dibble and family. Three teams from Iowa, consist- 
ing of two families, overtook them in Missouri, and travelled with 
them. The men who started from Illinois had fsur prairie ploughs, 
and a variety of farming implements, and articles of household 
furniture, travelling in the style in which Western emigrants 
usually travel. They travelled unmolested until they reached 
within four miles of Platte city, intending to cross the river at 
Leavenworth. On Tuesday, twenty-fourth ult., in the morning, 
while travelling on the state road, the emigrants were stopped by 
an armed band of one hundred and fifty men, and m-ost of whom 
were armed with United States muskets and bayonets, the re- 
mainder having shot-guns and revolvers, and two having Sharpe's 
rifles. They asked the emigrants where they were going, and 
where they were from. On replying to this the captain said : 

" ' I suppose you 've hearn that we don't allow any movers to 
go through into the territory.' 



A CHAPTER OF OUTRAGES. 887 

" Witness, who drove the first team, replied that he had not, 
when the captain rejoined : 

" * Yes, we stop them all.' 

" They then said they would have to search the wagons to 
see if there were any arms on board. One man from Iowa 
objected, when they told him he had better be quiet ; and one 
man drew a revolver, and told him to ' hold on.' 

" They then searched all the wagons ; and, after searching 
them once, were not satisfied, but searched them again. They 
took what arms they could find. There was about one gun to a 
wagon, these being mostly Western rifles, some few being shot- 
guns, such arms as they happened to have. It was reported that 
they took money from some of the emigrants. They gave receipts 
for the arms taken in the following form : 

" ' Received of (so many guns described), to be deposited 

with the County Clerk of Platte County, to be delivered up at 
the end of the war.' 

" These were signed by two men, who they said were respo7i- 
sible. We were detained nearly two hours, when the company 
increased to nearly five hundred, a large proportion of whom were 
armed with United States arms. They told emigrants that they 
could not be permitted to go on, but would be guarded back till 
they got through the state. After taking the guns, they took a 
vote as to whether tiiey should allow them to take back their 
guns with them. Nearly all of the men voted that they should 
have the guns ; but the leaders were opposed to their getting 
the arms, and overruled the popular vote. The emigrants asked 
permission to stay in Platte County until they could get over into 
the territory, but could not be allowed unless they would promise 
to buy farms and setUe permanently in Platte County ; in which 
case they were assured they would be ' taken care of.' 

" The evening before this attack the emigrants had been vis- 
ited by their spies, who asked them a great variety of questions, 
and told them they would be a great deal of trouble in the terri- 
tory, and a good deal of it before they gat there. After taking 



388 THE CONQUEST OF KANSAS. 

them they detailed a guard of eight men, under command of Robert 
Pate, who escorted them back to Liberty, Mo. Here they were 
delivered up to the leading men of Liberty, among these Judge 
Thompson. The first guard returned, and the emigrants went out 
to the back of the town, where they could get water and grass for 
their teams. They were told shortly after that they could go 
where they pleased ; that they were at liberty, so that they did 
not go into the territory. They staid there two days, when some 
friendly people advised them not to stay there, for if anything 
happened, or ' devilment ' was done, they would be held responsi- 
ble for it, and get into trouble. They started back some i^n miles 
on the road toward Illinois ; they there rented houses and went 
into them, and were there awaiting the cessation of hostilities. 
Witness left the rest of the emigrants and came on on foot. His 
father was in the territory, and he waited to see him, and also to 
see the state of affairs iu the territory, and what would be the 
chance of getting into it. He was questioned by several on the 
road as to ' where he came from,' and replied that he was staying 
in Missouri (a fact to his sorrow), and got over the river. After 
he got into the territory he had no molestation." 

While the emigration from free states was thus stopped, the 
fragments of Buford's regiment, and the reinforcement arriving 
from the South, were entering the territory in small parties or 
bands. A few of them clustered about the pro-slavery towns and 
cities, and the remainder camped on the creek here and there, 
exhibiting but little indication of making permanent improvement 
or location. They operated as a terror and a scourge. As an 
illustration of this I subjoin a copy of a letter, written rather later 
than the time of which I have been writing : 

♦• Blue Spring, near Tecumseh, K. T. > 
July 2ith, 1856. 5 

" Mr. W. G-. Sherwin : Dear Sir — We take this method of 
acquainting you with the sad fate of your friend. Yesterday 
morning, we — my friend Rooks and myself — were going to Tecum- 
seh, but when about eleven miles from that place, we were appalled 
by the i^igUt of the body of a murdered man, tied firmly to a tree, 



A CHAPTER OF OUTRAGES. 389 

near the road-side. He was tied with his back to tlie tree, with 
his hands and feet partially around it. He had been shot just 
above the left eye, with, we suppose, a rifle ball. A huge hunting 
knife was sticking in his breast. It had been driven clear through 
him, and the point was two or three inches in the tree. He was evi- 
dently murdered yesterday or the day before. There was a toad- 
stool tied to the handle of the knife, on which the followins: 
inscription was written : ' Let all those ivko are going to vote against 
slavery, take warning ! '' We went to the nearest house, which 
was about a mile and a half, and got some help and some tools, 
and buried him. He was a stranger to ail of us, except Mr. More, 
who says he has been boarding at his house eleven or twelve days. 
His name was Laben Parker, and he came from Cleveland. 

" He had repeatedly said at the boarding-house that he did not 
intend to resort to force, but, so far as his influence at the polls 
went, he was going to use it for making Kansas a free state. A 
company of armed men from South Carolina have been staying 
around Tecumseh three or four days. A squad of them was down 
this road yesterday and day before. We don't, any of us, know 
where his relations live, but, among the papers in his pocket, we 
find a letter from you, written on the sixth of May, and that is 
the reason we direct this to you. 

" Yours, &c. " Martin Rulex, 
"J. E. More, 
" Frederick Rooks. 

" Lane County, KaJisas Territo7-y." 

A systematic and remorseless legai warfare had been waged 
against the free-state settlers of Kansas. Not only were Grovernor 
Robinson and other influential men of the territory held prisoners, 
and subjected to a severe and^degrading confinement, under charge 
of United States dragoons, but there was a systematic persecution 
of this kind all over the country, by which every man who took a 
prominent position, or showed himself to be useful or necessary 
.to the free-state cause, was seized or persecuted by officers in 
search of them. I subjoin an editorial of a pro-slavery paper on 
the subject, writte« at the time of which I write : 
S3* 



390 THE CONQUEST OF KANSAS. 

" We understand that the grand jurors of Doniphan and Atchi- 
son Counties have found true bills of indictment against all the 
persons acting in the late disorganizing election in their respective 
counties. 

" We hope the other counties will follow suit, and teach the 
abolition traitors that the laws are now in force, and that all 
attempts to ruin this country will be strictly dealt with by law." — 
Squatter Sovereign. 

But the war in which Kansas was to be conquered was waged 
in every direction, and no means of securing it to slavery were left 
untried. The war which Missouri had waged against the free-state 
settlers in Kansas had aroused the feeling and indignation of their 
friends in the free states. I deem it unnecessary to take the trouble, 
or use space in this work to show what that feeling was, and how 
exhibited. The same sentiment existed in the Southern states. 
It was a warring of conflicting interests as well as conflicting 
opinions. Money was raised in both sections to support the 
struggle, and aid was given to emigration, so that a sufficient 
number of men of the proper kind should settle in Kansas. And 
here the Southern states found, as they ever must and will, that 
the energy and nerve of the free states as far exceed them, and is 
so much healthier in its exercise, that it would be utterly impossi- 
ble to cope with them. The violence they had already used had 
destroyed the specious plea, under which they got Northern poli- 
ticians to concede so much contrary to their convictions ; namely, 
that they would " dissolve the Union " if the others did not do so 
and so, and thus they were impelled by the policy they were bent 
on pursuing, as well as by feeling, to resort to violence. The 
Missouri river was blockaded. Governor Price, of Missouri, gave 
the artillery belonging to the state to the bands along the river 
and on the border, to carry on the war. Batteries were made, 
and guns planted along the river, and" the free-state, or, as they 
termed it, the " abolition " emigration, was stopped. As the 
difficulties existed in the territory, and were contemplated before 
these men left home, they came armed and prepared for the emer- 
gency, as they had a constitutional right to do, and as the nature 
of the case required. They were disarmed, and in many cases 



A CHAPTER OF OUTRAGES. 391 

robbed and sent back. This violence continued until the river 
was, in point of fact, closed against emigration from free states. 
The following choice morsel is an account of one of these outrages, 
from a border ruffian journal : 

" MORE ABOLITIONISTS TURNED BACK. 

" The steamer Sultan^ having on board contraband articles, was 
recently stopped at Leavenworth city, and lightened of forty-four 
rifles, and a large quantity of pistols and bowie-knives, taken from a 
crowd of cowardly Yankees, shipped out here from Massachusetts. 
The boat was permitted to go up as far as Weston, where a guard 
was placed over the prisoners, and none of them permitted to land. 
They were shipped back from Weston on the same boat, without 
even being insured by the shippers. We do not approve fully of 
sending these criminals back to the East to be re-shipped to Kan- 
sas — if not through Missouri, through Iowa and Nebraska. We 
think they should meet a traitor's death, and the world could not 
censure us if we, in self-protection, have to resort to such ultra 
measures. We are of the opinion, if the citizens of Leavenworth 
city or Weston would hang one or two boat loads of abolitionists, 
it would do more towards establishing peace in Kansas than all 
the speeches that have been delivered in Congress during the 
present session. Let the experiment be tried." 



CHAPTER XXIX. 

DISPERSION OF THE LEGISLATURE. 

As the fourth of July approached, day after day witnessed some 
new effort of the pro-slavery party to prevent the state Legislature 
from assembling at that time. Several members of that body 
were languishing in state prisons, and others had to keep in places 
of concealment to avoid arrest. Gov. Robinson, the life and the 
soul of the free-state men, was in prison. The gallant Lane had 
a warrant hanging over his head, and dared not enter the terri- 
tory. Lieut. Gov. E-oberts was in Washington city, engaged in 
the hopeless task of getting the pro-slavery administration to relent 
in its purpose. Those whom the people had called to public 
posts, to take the lead and infuse courage and give direction, were 
thus not at hand at the trying moment. 

The Missourians had threatened to bring up another army, and 
declared that the state Legislature should not meet. They thought 
that this would be the last step in theconquest of Kansas. Every 
other power seemed to be crushed out. That the general govern- 
ment would interfere to do this the most sanguine of the ruffians 
had not hoped. Thej^, therefore, began to nerve themselves for 
another invasion and another struggle, in which not only should 
the Legislature be prevented from assembling, but a fiital blow 
struck at Topeka and Lawrence. 

In anticipation of this many active and influential men exerted 
themselves to induce all the free-state men in the territory to as- 
semble at Topeka on the third of July. For this purpose a mass 
convention of the people was called to deliberate at that time and 
place on the condition of the territory. The convention had neces- 
sarily no connection with the Legislature ; but it was the inten- 



DISPERSION or THE LEGISLATURE. 393 

tion of those by whom the call was issued to have a body of citi- 
zens thus around the Legishiture, to protect it if necessary. 

It was the design, as it was the expectation, of the originators of 
this niovcnient to have at least two thousand settlers at Topeka 
during the third and fourth of July, who should be under arms in 
drill-parade, as is customary in the fourth of July celebrations 
throughout the country. Several causes interfered to prevent this. 
At that time there was scarcely a newspaper in the territory. Al- 
ready had the border ruffians destroyed three prominent presses in 
the territory by mob violence, the Herald of Freedom, Free State^ 
and Territorial Register, and, although other two had a sort of 
nominal existence, their issues were prevented by the want of 
paper, their supplies being cut off by the blockade of the Missouri 
river. Thus the most direct mode of communicatins: with the 
people was cut off. Travelling in the territory was not very safe 
at that time, as bands of Southern guerillas infested the roads. 
At the instance of Col. Sumner some influential free-state men 
had recalled the free-state guerillas, on his promise that he would 
keep peace in the territory. This had only the effect of recalling 
the best and most useful of these guerillas ; the remainder keep- 
ing the field on their own account, and, being the very wildest, 
they carried on the war more for their individual aggrandizement 
than the interests of the cause. 

In spite of all difficulties, some few active men succeeded in 
visiting certain portions of the territory and urging the citizens 
to come to Topeka the third of July. There was one great cause 
of hindrance even with those who had been notified. Guerillas 
were prowling about the territory, and were the people to leave 
their homes they would only expose them to be robbed, and their 
families to be insulted, perhaps murdered. Many thus remained 
at home who anxiously desired to meet with their friends at 
Topeka. 

Thus it was that besides the Leofislature there were less than 

o 

eight hundred persons assembled at the free-state capital. Several 
settlements and towns sent a delegation of one or two persons to 
see what was to be done, and send word to those they represented 
if their assistance was to be needed, as it was a busy season. 



894 THE CONQUEST OF KANSAS. 

Many of those who did arrive came unarmed, and perhaps not 
more than four hundred men could have been mustered in an 
available force. Besides these causes to reduce the force assem- 
bled at Topeka, several persons, who, by their former zeal as free- 
state men had received no small share of the public confidence, used 
their influence to prevent an assemblage, urging that the present 
moment was an unpropitious one, and that if the Legislature was 
to adjourn it would not weaken or injure the free-state move- 
ments. In this opinion they might be right ; or it might merely 
be a want of courage to meet the issue that had to be met sooner 
or later. 

While this was going on the other side was not idle. The first 
intention had been to assemble a force of Missourians and Buford's 
men, and once more invade the territory ; but the leaders and think- 
ing portion of the slavery extensionists saw the danger of this. They 
had succeeded by force and fraud, and by the power of the general 
government, in acquiring power and the semblance of legal author- 
ity in the territory, and had thus far kept it. They were well 
aware that there would be a force at Topeka with which it would 
be difficult to cope. War, thus precipitated, might rob them of 
all the fruits of their ursurpations. The battles and skirmishes of 
the early summer, if the course of victory had not been checked 
by the federal troops, would soon have liberated Kansas from the 
Missouri pro-slavery yoke. It was prudent in these men to pause 
in such a state of afikirs, and not stake their all on a throw in 
which they might gain little, and possibly lose much. So far it 
was all in their own hands, and it would not do to play rashly 
merely for the sake of gratifying their personal hate on the free- 
state settlers. Besides all this the federal appointees in the terri- 
tory were deeply interested. A lost battle, or a series of losses on 
the part of the pro-slavery men, would place them in imminent 
peril. They had forgotten duty, honor, the public safety, and 
every other consideration, in order to play into the hands of the 
Missourians and their allies. They had been sent to protect the 
people of the territory, and, instead of doing so, had, in obedience 
to the corrupt administration that had appointed them, oppressed 
and sjrievouslv vvronired thoni. In case of reverses to the cause 



DISPERSION OF THE LEGISLATURE. 395 

for which they had sold themselves, their situation would have 
been critically perilous. In these circumstances they conferred 
with the border ruffians, and urged that there be no fresh invasion 
at this time, and gave assurance that the federal troops would be 
employed to disperse the Legislature. From this course everything 
was to be gained. If the federal troops were resisted, war would 
thus be begun, and the whole military power of the government 
would thus be firmly secured to the pro-slavery alliance. Such 
was the policy determined on, and, under the circumstances, it 
was by far the soundest policy for them. Our republican govern- 
ment would thus take the first steps towards becoming a military 
despotism, by overthrowing of civil rights under the constitution. 
Startling though this might appear, the slavery extensionists were 
assured that " the step would be taken, and had been contemplated 
by the administration." In fact, secret orders on this very point 
had been issued not only to the territorial authorities but from 
the war department. 

A military force was thus assembled round Topeka as the day 
approached. Col. Sumner, with several companies of dragoons, 
the Fort Leavenworth force, encamped close to Topeka, on the 
south of the town. Four companies from Fort Kiley marched on 
Topeka and took their position in the timber of the Kaw bottom, 
to the north. While this was going on the people were greatly at 
a loss to know what steps their enemies meant to pursue. An 
invasion from Missouri had been threatened, and was generally 
expected, but as the day approached, and no large army from the 
state was seen marching upon them, they were puzzled. Pro- 
slavery conventions to celebrate the fourth had been called at 
dififerent points near Topeka. These had been projected as a 
means of organizing before the intention of invasion was aban- 
doned ; but it soon became evident that no adequate force was 
assem^bling there. Rumors were rife that it was the design to 
destroy the settlements when the people were at Topeka, and, as 
the Buford guerillas were at work, there was a good deal of prob- 
ability in this. 

On the second of July the people's convention began to assemble. 
It was soon evident that there would be none of those present who 



896 THE CONQUEST OF KANSAS. 

should have taken the lead in an emergency. Grov. Kobinson was 
a political prisoner ; Lieut. Gov. Roberts was in Washington ; Mr. 
MinarJ, Speaker of the House, had not arrived; and it was 
understood that he had been intimidated and so prevented from 
attendance, as had been several other members. Under these 
unfavorable circumstances, a meeting was held by a few of the 
most influential men ; and, as the difficulties were great, and the 
prospect threatening, the next officer in authority took the respon- 
sibility of issuing the following 

"PROCLAMATION. 
** Executive Office, Topeka, July 2, 185G. 
"Whereas I am in possession of reliable information that 
certain portions of our state are infested with parties of freebooters, 
robbing our citizens, burning houses, stealing and destroying prop- 
erty, and murdering innocent men; and believing that some of 
these parties are now approaching the capital, and soon will be 
upon us to burn our houses, invade the sanctity of our homes, and 
sack this town; and 

. " Whereas the law fails to clothe me with proper authority 
to provide means of defence against such invasions : Now, 
therefore, 

" I, John Curtis, acting Governor of the State of Kansas, feel 
it to be my imperative duty to call the General Assembly imme- 
diately together, that they may, in their wisdom, enact such laws 
as the exigencies of the case demand. The members of both 
Houses are hereby directed to meet at eight o'clock, a. m., of the 
third instant, at the Council Kooms, Topeka. 

" Given under my hand and seal this second day of July, 185G. 

"John Curtis, 
" Acting Governor of the State of Kansas. 
" Philip C. Schuyler, Secretary of Stated 

In accordance with the "above proclamation, both branches of 
the Legislature assembled on the third of July for special session, the 
adjournment having been to the fourth day. When convened they 
transacted a considerable amount of business in the forenoon and 



DISPERSION OF THE LEGISLATURE. 397 

afternoon sessions relative to their present condition. It was now 
evident that there was no other force menacing them except the 
federal troops. There was too much difference of opinion, and 
the aspects of the case were too embarrassing and critical to be 
easily acted upon; and both branches adjourned on the evening 
of the third, having made no provision for action with regard to 
the troops, and having merely agreed that they should convene at 
noon next day, for the regular session, according to the adjourn- 
ment in March. 

On the eveninoj of the second a committee of <xentlemen waited 
on Col. Sumner, and subsequently corresponded with him relative 
to the warlike demonstrations on the part of the United States 
Dragoons. 

The following is a copy of the letter sent by Col. Sumner to 

the people assembled at Topeka. through the committee appointed 

to confer with him : 

"Head Quarters, First Cavalry, ^ 
Camp at Topeka, K. T., Jahj 3, 1856. > 

" Gentlemen : In relation to the assembling of the Topeka 
Legislature (the subject of our conversation last night), the more 
I reflect on it the more I am convinced that the peace of the 
country will be greatly endangered by your persistence in this 
measure. Under these circumstances I would ask you and your 
friends to take the matter into grave consideration. It will cer- 
tainly be much better that you should act voluntarily in this mat- 
ter, from a sense of prudence and patriotism, at this moment of 
high excitement throughout the country, than that the authority 
of the general government should be compelled to use coercive 
measures to prevent the assemblage of that Legislature. 

" I am, gentlemen, very respectfully, your obedient servant, 

*'E. V. Sumner, 
" Col. First Cavalry Commanding.^'' 

During the third, some of the timid, or conservative persons 

used all the influence they possessed to induce the Legislature to 

adjourn, in order to avoid any cause of difficulty. It was the 

wish of the great majority, however, that the Legislature should 

34 



398 THE CONQUEST OF KANSAS. 

meet. It was urged by a few determined spirits that the town 
be at once placed in an attitude of defence, and that Colonel 
Sumner be notified that the people of Kansas, while they had the 
utmost respect and loyalty to federal authority, could not permit 
even that authority to trample upon their rights under the consti- 
tution ; that any power threatening those rights was no better 
than a mob, and that he must not, on any account, bring his 
troops into Topeka, or attempt to disperse the Legislature. Had 
such a position been taken it probably would have triumphed ; but 
it was overruled, and it was determined that no steps for defence 
should be taken ; that the troops should quietly be permitted to 
trample on their rights in this violent and despotic way, and trust 
to the patriotism of the country to sustain them in thus making a 
sacrifice for the public tranquillity. As there was a rumor that 
many of the representatives had been intimidated by the repre- 
sentations of fearful and nerveless free-state men, the following 
resolution was introduced to the popular convention by Mr. Wm. 
Hutchinson : 

" Resolved, That it is the imperative duty of the Kansas Legis- 
lature to meet, as per adjournment, on the fourth instant, and pro- 
ceed at once to the work of their office, and persevere until our 
state code is complete ; ever recognizing the eminent danger of 
PUTTING IN FORCE any statute that will produce a collision with 
the federal authorities ; and that no sacrifice, less than life itself, 
should deter them from this duty, for which they will ever be held 
responsible by their constituents." 

Durintj the afternoon of the third, and the forenoon of the 
fourth, this resolution was under discussion. Having taken part 
in that discussion in favor of the resolution, I decline further allu- 
sion to it. The utmost interest was manifested in the debate by 
the people. 

Besides this effort to arouse the legislators to a full sense of 
their duty in the emergency, there was a voice from the state- 
prisons of Kansas eloquently imploring the Legislature to go on 
with their work, and pay no attention to any threats, come from 
what quarter they might. Besides the name of Gov. Charles 
Eobinson, Judge Gr. W. Smith, Gen. Dietzler, Capt. John Brown, 



DISPERSION OF THE LEGISLATURE. 399 

Jr., Mr. Jenkins, and Mr. Williams (all prisoners of state), were 
attached to this document, — their severe confinement and threat- 
ened peril not having dissuaded them from this patriotic expres- 
sion, even though it should give their enemies another tongue to 
use against them. 

The morning of the fourth of July, 1856, broke in a cloudy, dap- 
pled sky on Topeka ; but soon the fresh breezes, which had swept 
without a bound or limit from the base of the Kocky Mountains, 
dispersed the canopy of clouds, and left the glowing sun to blaze 
down through a sky of unbroken blue. The stillness of the morn- 
ing was broken by a thundering salute from the artillery of the 
dragoons; a tribute to the memory of a glorious struggle for 
liberty, half forgotten, and, at the same time, a threat to those 
who were now struggling in another cause of liberty, in which 
those rights, purchased by the blood that flowed in " seventy-six," 
were to be asserted and rescued from encroaching despotism. It 
was a strange blending of the memory of dead liberty and living 
t^^ranny ; an exhibition which ought to startle the American people 
from their lethargy, and make them search, ere it be too late, for 
the last landmarks of our glorious constitution. 

It was about ten o'clock in the forenoon when U. S. IMarshal 
Donaldson, accompanied by ex-Judge Elmore, arrived in Topeka. 
It had been ascertained earlier in the morning that a conclave of 
pro-slavery propagandists and territorial officers had assembled 
in Colonel Sumner's camp, and were plotting mischief against the 
free-state settlers. As Gov. Shannon had left the territory with 
the intention of resigning, Secretary Woodson was acting governor. 
Woodson was with others in Colonel Sumner's camp. It was with 
the i^esults of this exercise of collective wisdom that Donaldson 
entered Topeka. The popular convention was in session when the 
marshal intimated that he had something to communicate. He 
was invited to the stand, and, having got upon it, he announced 
in a weak and hesitating voice that he had sundry proclamations 
to read to them ; but that, as he was no speaker (a self-evident 
fact). Judge Elmore would read them. Upon this, Judge Elmore 
got upon the stand. He was rather flustered at first, but proceeded 
more calmly. He read President Pierce's proclamation of Feb- 



400 THE CONQUEST OF KANSAS. 

ruarj, in which his Excellency declared that the usurping terri- 
torial laws of Shawnee Mission manufacture would be sustained 
by the whole force of the government. Then he read the latest 
of Gov. Shannon's numerous proclamations. This had been issued 
a month before ; had relation to the dispersion of armed bands, 
and had nothing to do with the Legislature. The important part 
of this proclamation was Secretary Woodson's proclamation, the 
others being read merely as preparatory exercises, justifying or 
expletive. Here it is : 

"PROCLAMATION BY 'SHE ACTING GOVERNOR OF KANSAS. 

" Whereas we have been reliably informed that a ilumber of 
persons claiming legislative power are about to assemble in the 
town of Topeka for the purpose of adopting a code of laws, or of 
executing other legislative functions in violation of the act of 
Congress organizing the territory, and of the laws adopted in 
pursuance thereof, and it appears that a military organization 
exists in this territory for the purpose of sustaining this unlawful 
legislative movement, and thus, in effect, to subvert by violence all 
present constitutional and legal authority ; and 

" Whereas the President of the United States has, by procla- 
mation bearing date eleventh February, 1856, declared that any 
such plan for the determination of the future institutions of the 
territory, if carried into action, will constitute insurrection, and 
therein commanded all persons engaged in such unlawful combina- 
tions against the constituted authority of the Territory of Kansas, 
or of the United States, to disperse and retire to their respective 
places of abode ; and 

" Whereas satisfactory evidence exists that said proclamation 
of the President has been, and is about to be, disregarded : Now, 
therefore, 

" I, Daniel Woodson, acting Governor of the Territory of 
Kansas, by virtue of the authority vested in me by law, and in 
pursuance of the aforesaid proclamation of the President of the 
United States, and to the end of upholding the leffal and consti- 
tuted authorities of the territory, and of preserving the peace and 
public tranquillity, do issue this, my proclamation, forbidding all 



DISPERSION OF TUE LEGISLATURE. 401 

persons claiming legislative power and authority as aforesaid from 
assembling, organizing, or attempting to organize, or acting in any 
legislative capacity whatever, under the penalties attached to all 
unlawful violation of the Law of the land and disturbers of the 
peace and tranquillity of the country. 

" In testimony whereof, I have hereunto subscribed my hand, 
and caused to be affixed the seal of the territory, this 4th day of 
July, 1856, and of the Independence of the United States the 
eightieth. 

[SEAL.] " Daniel Woodson, 

Acting Gov. of K. T." 

" The proclamation of the President, and the orders under it, 
require me to sustain the Executive of the territory in executing 
the laws and preserving the peace. I therefore hereby announce 
that I shall maintain the proclamation at all hazards. 

" E. V. Sumner, 
Col. First Cavalry Commanding. ^^ 

Having got through with this ceremony, all of which was lis- 
tened to attentively and quietly, the two gentlemen prepared to 
leave, and the convention resumed its business where it had left 
off. Marshal Donaldson, who had evidently expected some 
remarkable indication of public sentiment, or a moral earthquake, 
to follow his announcements, was evidently chagrined at the indif- 
ference with which they were received. He halted in the crowd, 
and asked if they had any communication to send to Col. Sumner. 
The President of the Convention, Mr. Currier, asked if a reply 
from this convention was desired. Donaldson, on consultation 
with Judge Elmore, replied, " No ; " but added that if they had 
anything to send he would carry it. He was then informed that 
this convention was not the Legislature, to which the proclamation 
was addressed, and that the convention had no reply to make. 

It was nearly noon. The convention was still busy at work. 
The hour for the meeting of the Legislature approached, and sev- 
eral of the members of the Legislature had entered the hall. The 
two military companies of Topeka which had been on drill were 
31* 



402 THE CONQUEST OF KANSAS. 

drawn up in front of the legislative hall to receive a banner from 
the ladies. A band of music was stationed at the end of the line, 
and was making the place echo with martial strains. It was a 
hot summer's day, the thermometer standing at 100° in the shade, 
and yet the streets were crowded. It was known that the troops 
might be expected at every moment, and yet not only men, but 
women and children, in gala dresses, were near the legislative 
hall, and in the street in front of the hotel where the convention 
was held. It was at this moment that a young man hurried into 
town, and announced to the convention and to the people in the 
streets that Col. Sumner, with his force of dragoons, was rapidly 
approaching Topeka in battle array. This announcement caused 
no visible change in the aspect of things ; perhaps there might be 
a fluttering of some anxious hearts, and a tremulous anxiety at 
the possibility that the brilliant panorama then presented in 
Topeka might be in a few moments blotted out in blood. Who 
could tell what an administration, capable of so much political 
villany, could contemplate? 

Such was the aspect of affairs when the head of the advancing 
column of dragoons was seen rapidly turning into Kansas ave- 
nue, about one hundred yards above the legislative hall, — the 
popular convention being in the same thoroughfare, which was 
crowded, between the hall of the Legislature and the place where 
the convention was held. Col. Sumner and his staff came first; 
at his right the military band, and close behind nearly two hun- 
dred dragoons in three squadrons. The military battle-flag flut- 
tered in the breeze. The dragoons entered the town rapidly, 
dashing up to the legislative hall, v;hcre the two Topeka compa- 
nies of volunteers were drawn up. As they approached, those 
companies stood firm. The band played on; a little boy was 
beating on the kettle-drum, and neither he nor his older compeers 
stopped playing until the dragoons rode on to them, the horses' 
noses coming up to the drum-sticks, when Sumner, who was evi- 
dently much agitated, leaned towards them with his gloved hand, 
and begged them to desist for the present. His shrill voice was 
then heard crying, " First squadron, form into line ! " and as the 
troops, under that and other orders, formed into battle array 



DISPERSION OF THE LEGISLATURE. 403 

around the hall, and along the street facing it, the crowds in the 
street, and those at the convention, saw a couple of cannon posted 
up the street, on a rise about one hundred yards off, where tliey 
had just been planted, with their muzzles pointing down the street, 
the gunners at their stations, and the slow matches lighted and 
burning. An army surgeon also came with them, his case of 
instruments open and ready for use. Three other companies of 
dragoons at the same time approached the town from the other 
side, and were only concealed, while the force that entered came 
up, by the strip of timber along the valley of the Kansas. 

It was a brilliant and startling spectacle which was thus pre- 
sented, — the dragoons with their flashing sabres, the officers giv- 
ing orders, and the men wheeling into position, and, above all, the 
star-spangled banner floating from Constitutional Hall, as if in 
mockery of the scene beneath. 

After the dragoons were placed so as to suit Col. Sumner's 
taste, he dismounted and walked towards the Assembly rooms. 
Both Senate and House stood adjourned to meet at twelve o'clock, 
a fact of which Col. Sumner appeared to be aware. He was at 
once informed that the companies drawn up in front of the hall 
were there merely to receive a banner from the ladies. He said 
he did not wish to interfere with their assembling on the Fourth 
of July. Three cheers were given for Col. Sumner; Mr. Kedpath 
shouted, "Three cheers for Gov. Robinson!" which were given 
with a will ; and some one else cried, " Three cheers for Liberty ! " 
which was also heartily cheered. Col. Sumner entered the hall 
of the Legislature, and the crowd rushed in behind him and soon 
filled it. The speaker was absent, and Mr. F. S. Tappan, first 
clerk, rose and called order by striking with the gavel on the 
desk. It was scarcely twelve o'clock, and the Legislature had not 
yet convened, when Sumner entered. He went up to the platform, 
and they offered him a chair, which he pulled to one side, saying, 
"Do you want to make speaker of me?" (Great laughter and 
shouts from the crowd.) IMr. Tappan, in a strong, sonorous voice, 
proceeded to call the roll, and, as there was not a quorum present, 
he called the sergeant-at-arms to bring in absentees. Mr. Pratt, 
recording clerk, then called the roll again, and marked absentees. 



404 THE CONQUEST OF KANSAS. 

Only seventeen answered the call, although there were some thirty- 
three, more than a quorum, in or about the house. 

Considerable anxiety was manifested to have all the members 
answer to their names, but some were tremulous and timid ; per- 
haps their response would be the signal for violent arrest and 
severe imprisonment. Those who answered did so boldly, and the 
little band clustered around the stand, and stood prepared for 
what might come. Col. Sumner arose from his seat, and said : 

" Gentlemen : I am called upon this day to perform the most 
painful duty of my whole life. Under the authority of the Presi- 
dent's proclamation I am here to disperse this Legislature, and 
therefore inform you that you cannot meet. I, therefore, order 
you to disperse. God knows that I have no party feeling in this 
matter, and will hold none so long as I occupy my present posi- 
tion in Kansas. I have just returned from the borders, where I 
have been sending home companies of Missourians, and now I am 
ordered here to disperse you. Such are my orders, and you 7nust 
disperse. I now command you to disperse. I repeat that this is 
the most painful duty of my whole life." 

Judge Schuyler asked — "Col. Sumner, are we to understand 
that the Legislature are driven out at the point of the bayonet?" 

Col. Sumner — "I shall use all the forces in my command to 
carry out my orders." 

The representatives had dispersed, and Col. Sumner, who did not 
appear to be particularly enlightened on legislative matters, had 
got on his horse to go, when he learned that the Senate was still 
to disperse, and that the Senate Chamber was up stairs. He 
forthwith dismounted again, and proceeded to Constitutional Hall. 
He entered the Senate Chamber. There was a quorum present; 
the hour for convening had arrived, but the President of the Sen- 
ate had not convened it when Sumner entered. Orders had been 
issued the evening before to the door-keeper to admit no visitors. 
The door-keeper allowed Col. Sumner to enter, but told Marshal 
Donaldson he could not let him in. Donaldson said he was United 
States Marshal, and had official business. The door-keeper, Mr. 
Fuller, told him to "show his papers; " he exhibited his commis- 
sion, aii'l t!ie door-keeper lot him pass. 



DISPERSION or THE LEGISLATURE. 405 

Col. Sumner did not pause to inquire whether the Senate was or 
was not in session, but proceeded to tell them that by virtue of 
the orders of the President he was there to disperse them, and 
ordered them to disperse. Having said so, Col. Sumner looked at 
them to see how they took his announcement. The members of 
the Senate were standing in a circle, looking at him respectfully, 
but they did not move. There was a long and disagreeable pause, 
which Sumner broke by asking, 

" Well, gentlemen, do you consider yourselves dispersed? " 

Mr. Thornton, President of the Senate, replied thus : 

" Col. Sumner, the Senate is not in session, and cannot make 
any reply to you; neither can any member of it." 

Mr. Thornton then asked if Col. Sumner, after his orders to dis- 
perse, would permit them to convene, so as to receive any commu- 
nication he might have to make. 

The colonel said, " No ; my orders are that you must not be 
permitted to meet, and I cannot allow you to do any business." 

There was an embarrassing pause. The senators were drawn 
up in a circle, looking respectfully at Col. Sumner, but never 
uttering a word, when Marshal Donaldson, who had been standing 
unnoticed in the corner, began to suspect that " law and order " 
was likely to suffer, and stepped forward. He confronted the 
members of the Senate, and holding his hat in one hand, and rais- 
ing the other, gesticulated with the point of his finger, as he said, 
in a tremulous, squeaking voice, 

" Yv^ell, I want all o' you members to promise that you won't 
meet here again. If you don't," — and here the U. S. Marshal 
shook his head menacingly, — "I '11 arrest every one o' ye — 
every member ! " 

The Senate paid no attention to this outrageous proceeding, in 
which a United States oflncer threatened .with a conditional arrest, 
in the hope of extorting pledges, the yielding to which might be 
fatal to the cause of freedom in the territory. 

One of the members of the Senate exhibited a little of the feel- 
ing that such trying circumstances may awaken, and said : 

" When my country calls me to disperse, by her troops, I yield 
to that authority." 



406 THE CONQUEST OF KANSAS. 

Here Hon. Mr. Pillsbury said, " Col. Sumner, we are in no 
condition to resist the United States troops ; and if you order 
us to disperse, of course we must disperse." Col. Allen said that 
he would suggest to his brother senators that Mr. Pillsbury's 
statement be considered the expression of the whole, which was 
assented to. 

Col. Sumner then left the hall. When he got out on the street 
he assured many of those who gathered round him that he did not 
wish to interfere with the convention as then assembled there ; 
that he had merely been sent to disperse the Legislature, and 
recognized their right to meet on the 4th of July. Three cheers 
were again proposed for Col. Sumner, and given. Three cheers 
for John C. Fremont were then given. 

At this point the dragoons were filed off in marching order; 
three cheers were given for " theTopeka Convention and the State 
Legislature," Some of the pro-slavery officers looked round rather 
fiercely when this was given ; but Sumner's sharp voice was heard 
giving the order, " Forward — march ! " and just as that military 
band who, under the American flag which waved from the hall of 
the Legislature, had committed one of the most grievous outrages 
recorded in our history, spurred their horses to leave the streets 
of Topeka, three groans were given for Mr. Pierce, and so deep 
and loud were they that the sound startled the dragoons, and made 
them break from line as they defiled past. 



CHAPTER XXX. 

CONDITION OF CONQUERED KANSAS. 

Kansas was now politically prostrate. Her Legislature was 
dispersed by federal troops; her leading men languishing in 
prison. The Missouri river was closed to emigration from the 
free states, and the tedious and uncertain route through Iowa was 
menaced, and the only security by that route was by companies, 
sufficiently strong and determined to take care of themselves. 
The free-state movement being crushed for the time, or pre- 
vented from securinoj defence for the settlers, there was no leojal 
security for free-state men. The territorial officers imposed by 
the general government, and the local officers thrust on the people 
by the Legislature of the Shawnee Mission, were tools of the slave 
power, and active co-workers in the task of making Kansas a slave 
state. The leaders of the free-state movement had a prison for a 
reward. The promulgation of free-state sentiments was branded 
" TREASON," and the federal troops enforced the usurpation of Mis- 
souri and the slave power. 

It is a grand fact, that never must be forgotten by the Ameri- 
can people, military 'power is a?id ever micst be inimical to 
popular institutions. Speculating on the political principles of a 
military officer, who is mainly taught to regard government as a 
necessary pay-master, and political authority as something con- 
nected with promotion, is like trusting to the manhood of a dough- 
face, or appealing to the tender mercies of the usurer of the tribe 
of Levi. To expect a delicate discrimination, a nice balancing of 
social and political rights, a careful watch and protection of the 
people of Kansas, to flow from the mere fact of turning some six 
or seven hundred dragoons loose to manage the territory, is 



408 THE CONQUEST OF KANSAS. 

simply preposterous. The hope that this expedient would act as 
a sedative, and secure justice and the country's peace, may be 
very creditable to a sanguine heart, but the result proves that the 
remedy itself was stupid, and the mode of applying it still more so. 

Drilled to the doctrine of implicit and unquestionable obedience, 
the troops were incapable of comprehending the meaning or 
importance of popular rights. Trained to obey regulations which 
they have had no hand in making, they consider obedience in 
others the only indication of propriety. "With them the words 
*' treason " and " insubordination " are potent and significant, and 
to them popular liberty and popular rights are unmeaning and 
worthless things. 

Ever hopeftd, the free-state settlers earnestly looked to the troops 
for protection and peace. Attached to the general government, 
— feeling for it a respect that Western states rarely evince, and 
Southern states never, — they could not realize their persecution 
to be systematic and remorseless. The evidence sent through the 
country, by the committee of Congress, of their wrongs and the 
gross fraud of the territorial law ; the sack of Lawrence and other 
outrages ; the war waged on the settlers of Kansas by the slave 
power, — all of these coiossal evidences of their sufferings, they 
trusted would work the cure, and that the peace of the country 
and the well-being of Kansas would promptly receive the only 
remedies that could meet the case. Alas ! they waited and 
hoped, and were deceived. And now a yawning depth was before 
them. On the one side political ruin and ostracism from Kansas ; 
on the other security, and peace, and freedom for the territory. 
Between these there was a step — the Rubicon. In that barrier 
stood not only the slave power in the territory, which is trifling, 
but the slave power out of it ; and there was a corrupt territorial 
government, corrupt territorial courts, a corrupt general govern- 
ment, and the leap for freedom and security must be on the sharp 
points of United States bayonets and sabres. 

In all the Kansas struggle the slave power has never yielded 
an inch of ground. A fraud might be so monstrous that even 
conservative men in the South would deprecate it, but the fruit 
of the villany was never relinquished. An outrage might be so 



CONDITION OF CONQUERED KANSAS. 409 

monstrous that every honest man in the country, North or South, 
would indignantly speak against it ; but the power it gained for 
pro-slaveryisni has been jealously guarded, und its protection made 
the test of political orthodoxy. Yet, at every step, the squatters 
have hoped, and from every expedient that was to give the slave 
power a tirmer foothold, they have expected something more im- 
partial. Unfortunate fatuity ! The slave power could only win 
by such expedients, and it is determined to wi?i. Coarse and brutal 
though each act in the drama, this was the only means of bolster- 
ing the weakness of a coarse and brutal system. Fairness was 
ruin, impartiality equal to a relinquishment. Thus, on the advent 
of dragoon government, the people said, " Well, we will be pro- 
tected. These Missourians dare not come here now. Pro-slavery 
men will not molest us ; and then the evidence which has gone on 
to Congress will secure us at last our rights." It was the same 
hoping, trusting, peace-loving spirit. The slimy reptile, slavery, 
was merely wrapping another coil round its victim. The free-state 
settlers had been so outraged that they would have been vindicated 
in the eyes of the world for defending themselves. The first fiery 
spirits had already sprung into the contest. A mere handful of 
the free-state party had dared to meet the war declared against 
them, and " Franklin " and " Palmyra " had attested their cour- 
age and superiority. But this had been foreseen, and " the 
people must be protected, and the peace preserved." 

Liberty and constitutional right were filched from those of the 
American people who settled in Kansas, first by demagogues, then 
by Missouri and her pro-slavery allies ; and, lastly, the federal 
troops secured the fruit of outrage and crime, and did their best 
to clinch the villany. 

The conquest of Kansas from guaranteed freedom to slavery was 
premeditated, and deliberate ; but many of those most influential 
in accomplishing it dared not avow the policy by which they were 
inspired. Conservative Southern men, terrified at the charge 
of " abolitionism," which was hung over their head like a whip 
of scorpions, dared not question the suicidal policy which was 
endangering the peace of the country, and inflicting an irreparable 
blow on republican institutions. Corrupt Northern politicians, 
35 



410 THE CONQUEST OF KANSAS. 

greedy for political power, were willing to sacrifice their own 
honor, as well as the interests of those they represented, for the 
chance of power and place. For this they struggled to blindfold 
and deceive those they had robbed of their political birthright ; 
for this they were false to the country that had trusted them, and 
the constitution they had sworn to protect. 

Not content with filching civil rights from the people, these cor- 
rupt popular leaders undertook to demonstrate that republicanism 
is a humbug, by corrupting the popular opinion on which it rests. 
The term " popular sovereignty " was made the foundation-stone 
of American despotism, and the weapon by which the people were 
defrauded of those civil rights on which the prosperity of the state 
depends was called " allowing the people to settle their local 
affairs for themselves." 

The idea of the free-state and slave-state interests quietly decid- 
ing " their own local institutions for themselves " is as infernal a 
piece of political rascality as ever imposed on the American peo- 
ple. The two systems are the antipodes of each other. They 
cannot live together. They cannot breathe together. They cannot 
merge their differences. If Kansas is a slave-state no free-state 
man can remain ; for, in order to bolster up slavery among the 
population now here, the laws would have to be so oppressive and 
despotic that freedom could not live under them. This talk of the 
" people settling the question of slavery for themselves " is merely 
a pretext under which the antagonistic elements in our government 
are invited to a warfare on a coveted battle-ground. 0, you have 
but to see the hatred with which men there regard each other, to 
feel this ; the suspicion with which one traveller regards another, 
to feel its weight ! If slavery triumphs, the principle on which 
our government is founded is virtually overthrown. If freedom 
triumphs, the greatest evil in our country is kept in bounds. 

Murder, rapine, highway robbery, were committed in the name 
of " law and order," and the appeals of an oppressed people fell 
unheeded and unanswered on the ears of a corrupt administration. 
Not satisfied with all the villany that had been done, and all the 
outrages by which the conquest of Kansas to slavery was consum- 
mated, a party, calling itself a democratic party, had the hardi- 



CONDITION OF CONQUERED KANSAS. 411 

hood to make these usurpations and crimes the platform on which 
they stood, and the argument by which they dared to appeal to 
the people for their sufirages. The cry of " save the Union " was 
raised ; that cry under which the stability of our institutions had 
already received the most fatal stabs. " Saving the Union " had 
been the blind and the whip under which coercive and unfair 
legislation was smuggled in ; and, having accomplished this, the 
same cry was raised to cover up the designing schemes of nullifi- 
cation and secession. 

The pro-slavery party were jubilant in their triumph. Flushed 
with a victory in which fraud rather than military power had 
triumphed, they gave way to rejoicings. The portion of the South- 
ern regiment, stationed at Atchison, joined with the Missourians 
and pro-slavery men of the territory in a celebration, of which I 
give the following, from the account of the Atchison pro-slavery 
paper : 

" At the head of the table huno; the ' blood-red flao;,' with the 
lone star, and the motto of ' Southern Rights ' on the one side, and 
' South Carolina ' on the other. The same flag that first floated on 
the rifle pits of the abolitionists at Lawrence, and on the hotel of 
the same place, in triumph, now hung over the heads of the 
noble soldiers who bore it so bravely through that exciting war. 

" The following are among the toasts drank : 

" Kansas : our chosen home — stand by her. Yee, sons of the 
South, make her a slave state, or die in the attempt ! (This toast 
was received with loud and continued applause.) 

" Disunion : by secession or otherwise — a beacon of hope to 
an oppressed people, and the surest remedy for Southern wrongs. 
(Enthusiastic cheers.) 

" The city of Atchison : may she, before the close of the year 
'57, be the capital of a Southern republic. (Cheers.) 

" Kansas : we will make her a slave state, or form a chain of 
locked arms and hearts together, and die in the attempt. 

" The distribution of public lands : one hundred and sixty acres 
to every pro-slavery settler, and to every abolitionist six feet by 
two." 



412 THE CONQUEST OF KANSAS. 

And, also, the following from the proceedings of a celebration 
of slavery in South Carolina : 

" Kansas : already stained with the blood of Southern martyrs 
in the cause of justice and our most sacred rights. May her 
streams become rivers of blood, and her forests charnel-houses, 
before her soil shall be contaminated, and her atmosphere polluted, 
by the free-soil partisans of the North. 

" Kansas : it has risen like the ghost of Banquo, to sear the 
eyeballs of rampant fanaticism ; but, ere they clutch it, they must 
cross many Brooks, whose caney growth will resist them. 

" Kansas : 

* Strike -while the iron 's hot, — 
Strike with men and means ; 
And let the Yankees see we Ve got 
The right to hold the reins.' 

" Kansas : the battle-ground upon which is to be decided the 
fate of Southern rights under the Unio7i." 

Alas, these were not idle and unmeaning words ! Every line 
and every syllable have been attested by fraud and crime in Kan- 
sas; and, while I write, they are echoed by the complaints of 
enslaved freemen, the wail of bereaved widows, and the unheeded 
plaint of political prisoners who languish in captivity, for loving 
freedom fearlessly and well. Liberty stands aghast at the fearful 
prospect, and asks, if these things be done under republican rule 
to-day, what will our popular institutions be worth to-morrow ? 

But Kansas, though conquered by Missouri and her allies, is 
not yet subdued. Every vestige of popular liberty and constitu- 
tional privilege has, indeed, been stricken down, but a liberty- 
loving people remain. Until that freedom-loving race has been 
" wiped out," there can be no peace and security for the power 
that has thus trampled on their rights, or for the institution of 
negro slavery, for the sake of which all this villany and wrong has 
been done. Liberty and independence do not exist in Kansas to- 
day, but a peopU loving these is upon her soil. " Truth crushed 
to earth will rise again." Our political elements have become 
very corrupt, because we have forgotten principle in remembering 



CONDITION OF CONQUERED KANSAS. 418 

party ; but there is a shaking in the " valley of dry bones," and, 
perhaps, the sufifering that has been undergone has purchased a 
watchfulness on the part of the people, worth all the blood, and 
treasure, and heart-wrung agony it has cost. 

Yet it is possible that the war of conquest may be followed by 
a war of extermination. Perhaps the stmggling, liberty-loving 
TREASON in the territory may furnish the apology for an attack, 
in which not only freedom, but the love of freedom, will be blotted 
out. The slavery extensionists well know that without this the 
fruit of their conquest will turn to ashes on their lips. They 
know this, and God in heaven only knows what the corrupt men 
who have been the most active participators in this warfare may 
not attempt. The spirit that has so far triumphed is exhibited in 
the following paragraph from a border paper : 

" Several parties have inquired of us why the law has not been 
put in force at Topeka, as well as at Lawrence, against abolition 
newspapers. Topeka is no better than Lawrence ; it is also demor- 
alized ; but it is not so well known abroad. If both Topeka and 
Lawrence were blotted out, entirely obliterated, it would be the 
best thing for Kansas that could happen. The sooner the people 
of Topeka sound their death-knell the better ; they are too corrupt 
and degraded to live. We would like to be present and raise our 
Ebenezer in the funeral. It is silly to suppose, for an instant, that 
there can be peace in Kansas as long as one enemy of the South 
lives upon her soil, or one single specimen of an abolitionist treads 
in the sunlight of Kansas territory." 

The foregoing is but one of many such paragraphs which might 
be given. Such sentiments are a fearful indication of the corruption 
of the popular mind. 

But if that war of extermination is begun, it will prove the war 
of freedom. The suffering settlers in Kansas have been driven to 
extremity, and are now nerved to fight. Kansas was settled, in 
great part, by a peace-loving people ; a people in whom delicate 
sentiment, and a refinement which hates the horrors of blood, are 
strongly rooted. Imagine an over-sensitive Englishman moralizing 
over the dead body of a Kussian whom he has slain in the trenches 
35* 



414 THE CONQUEST OF KANSAS. 

of Sevastopol, and you have a picture of the free-state settler in 
Kansas, contemplating the horrors of a civil war, which he \YOuld 
suffer much to avert. They have suffered much, perhaps too much 
to avert it ; they appeal from their wrongs to the great American 
brotherhood to right those wrongs. In the vindication of justice, 
peace may yet be secured, but without it there will surely be war 
and bloodshed, and with these the triumph of freedom ; for, 

" Freedom's battle once begun, 

Bequeathed from bleeding sire to son. 
Though baifled oft is ever won." 

Kansas, the Italy of America, the debatable ground, has still 
much to tempt. Landscapes of unsurpassed loveliness, a soil of 
unmatched fertility, with the richest natural elements, exhibit the 
value of the future empire whose fate was tossed recklessly, by 
unscrupulous politicians, in the scale, to vibrate between the con- 
flicting claims of freedom and slavery. 

There is a healthy freshness and vitality in the atmosphere 
of Kansas as favorable to pulmonary weakness as the table lands 
of Mexico. As you inhale the vigor-giving breezes, you acquire a 
nerve and elasticity, in the possession of which you might forget 
that the rights of American freemen had been subdued, in order 
that slavery might be planted upon its soil ; or, if it cannot make 
you forget this, it may inspire you with the thought that freedom 
can reconquer what she has lost. What matters it that free 
speech, and a free press, are " treason " in Kansas? What mat- 
ters it that the judiciary is the obedient slave of slavery? What 
matters it though the federal troops hold in their iron grasp the 
Kansas that Missouri and slavery conquered? There is, thank 
God, still a spirit and vitality in the American character which 
will rise above all these obstacles, and will yet write Resurgam ! 
on the tomb of Kansas Liberty. 



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